UNIVERSITY  OF  CALIFORNIA,  SAN  DIEGO 


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Social  Sciences  &  Humanities  Library 

University  of  California,  San  Diego 
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CI  39  (5/97)                                                                         UCSD  Lib. 

UNIVERSITY  OF  CALIFORNIA   SAN  DIEGO 


3  1822  02243  4658 


AMERICAN    CITIZENSHIP 


THE  MACMILLAN  COMPANY 

NEW  YORK    -    BOSTON   •    CHICAGO  ■    DALLAS 
ATLANTA    •    SAN    FRANCISCO 

MACMILLAN  &   CO.,  Limited 

LONDON   •    BOMBAY   •    CALCUTTA 
MELBOURNE 

THE  MACMILLAN  CO.  OF  CANADA,  Ltd. 

TORONTO 


/1VS 


"^ 


AMERICAN 
CITIZENSHIP 


BY 

CHARLES   A.  BEARD 

ASSOCIATE   PROFESSOR   OF   POLITICS    IN   COLUMBIA 
UNIVERSITY 

AND 

MARY    RITTER    BEARD 


Neb  gork 
THE    MACMILLAN    COMPANY 

1914 

All  rights  reserved 


Copyright,  1914, 
By  the  MACMILLAN   COMPANY. 

Set  up  and  electrotyped.     Published  April,  1914. 


J.  S.  Gushing  Co.  —  Berwick  &  Smith  Co. 
Norwood,  Mass.,  U.S.A. 


PREFACE 

In  view  of  the  large  number  of  textbooks  on  civics  already 
available,  some  very  decided  reasons  should  be  forthcoming 
from  those  who  venture  to  add  another  one  to  the  long  list. 
Our  first  plea  in  jusJ:ification  of  this  volume  is  our  belief  that 
the  books  on  government  now  offered  to  the  schools  have  cer- 
tain fundamental  defects. 

An  examination  of  the  extensive  collection  of  texts  in  the 
Library  of  Congress,  which  embraces  all  of  the  most  recent 
books  on  civics,  shows  that  they  fall  into  two  groups :  those 
which  are  formal  and  legal,  and  those  which  are  "  sociological," 
in  character.  The  authors  of  the  first  group  err,  in  our  opinion, 
in  treating  government  as  a  multitude  of  rules  already  well 
settled  which,  when  committed  to  memory,  are  calculated  to 
make  good  and  wise  citizens.  The  authors  of  the  second  group, 
it  seems  to  us,  in  their  revolt  against  the  mechanistic  theory 
of  government,  err  just  as  much  in  minimizing  those  concrete 
political  and  administrative  processes  by  which  social  work  of 
a  public  character  is  accomplished  and  in  emphasizing  in  civics 
private  activities  which  are  remote  from  ofiflcial  operations.  For 
example,  the  principle  of  the  separation  of  governmental  powers, 
so  scorned  by  the  sociological  school,  is  in  fact  more  important, 
as  we  try  to  show,  than  half  of  the  beneficent  enterprises  under- 
taken in  the  name  of  modern  collectivism. 

And  both  groups  of  books  are  equally  in  error  in  so  far  as 
they  seem  to  regard  civic  life  as  static  or  settled  rather  than 
dynamic  and  progressive.  By  treating  government  in  all  its 
manifestations  as  a  machine  rather  than  a  process,  and  by  treating 


vi  Preface 

social  institutions  as  accomplished  facts  rather  than  as  phases  of 
social  evolution,  we  must  obviously  put  the  pupils  in  the  posi- 
tion of  automatons  moving  in  a  world  already  finished  —  whereas 
we  should  regard  them  as  creative  factors  in  social  life. 

We  are  also  unable  to  agree  w-ith  those  who  view  civics  as  a 
mere  community  study.  In  our  opinion  this  is  liable  to  be  both 
superficial  and  anti-social,  in  so  far  as  it  stresses  street-cleaning, 
gas  plants,  and  local  charitable  institutions  to  the  almost  total 
exclusion  of  the  fundamental  outside  influences  which  condition 
the  life  of  the  community.  Just  as  the  mother  cannot  act  intel- 
ligently in  the  home  unless  she  knows  about  the  play  of  outside 
forces  on  the  home,  so  the  citizen  cannot  act  intelligently  in  the 
community'  unless  he  views  it  in  its  proper  relation  to  the  state 
and  nation.  Perhaps  the  garbage  cart  is  the  only  community 
institution  which  is  purely  local  in  character.  All  other  essen- 
tial matters  —  water,  milk,  food,  clothing,  shelter,  education, 
income,  and  freedom  —  cannot  be  determined  by  community 
action  ;  they  are  of  state  and  national  concern.  The  simpler 
community  matters  might  very  well  be  taken  up  in  the  eighth 
grade  in  place  of  some  of  the  history  now  given  there. 

Another  serious  objection  to  the  books  on  civics  now  avail- 
able is  that  they  are  written  almost  w^holly  from  a  masculine 
point  of  view  and  appeal  only  to  boys,  destined  to  be  voters. 
As  a  matter  of  fact,  the  vast  majority  of  pupils  in  the  high 
schools  are  girls,  and  if  civics  concerns  only  potential  voters  the 
subject  should  be  confined  to  boys  except  in  those  states  where 
women  are  enfranchised.  But,  in  truth,  civics  concerns  the  whole 
community,  and  women  constitute  half  of  that  community.  They 
are  mothers  w^hom  society  holds  largely  responsible  for  the 
health  and  conduct  of  citizens  ;  they  are  engaged  in  industries 
and  professions  of  all  kinds ;  they  are  taxpayers  ;  they  are  sub- 
ject to  the  laws  :  they  suffer  from  the  neglect  of  government  as 
much  as  do  the  men  ;  and  they  are  just  as  deeply  interested  in 
government  —  whether  they  vote  or  not.  Any  work  on  civics 
which  ignores  the  changed  and  special  position  of  modern 
women  in  the  family,  in  industry,  before  the  law,  and  in  the 


Preface  vii 

intellectual  life  of  the  community  is,  therefore,  less  than  half  a 
book. 

Although  we  believe  that  the  spirit  of  a  book  and  the  method 
of  approach  are  more  important  than  any  technicalities  in  ar- 
rangement, we  have  not  adopted  the  general  plan  which  follows 
without  considering  those  problems  of  proportion,  induction, 
and  progressive  development  which  have  thus  far  drawn  a  great 
deal  of  attention  from  teachers  of  civics.  There  is,  for  instance, 
the  vexed  question  whether  the  immature  student  should  begin 
with  local  or  national  government.  We  have  not  been  oblivious 
to  the  long  and  eloquent  arguments  which  teachers  have  made 
over  this  issue;  but  it  has  seemed  to  us  that  both  sides  are 
so  equally  balanced  that  a  discriminating  person  may  decide 
either  way. 

The  chief  point  usually  made  in  favor  of  approaching  through 
local  government  is  that  it  is  more  concrete  and  simpler.  We 
have  come  to  the  conclusion,  on  carefully  weighing  the  matter, 
that  this  argument  is  largely  illusory ;  that  the  concreteness  and 
simplicity  are  more  imaginary  than  real.  The  federal  post  office 
is  as  concrete  as  the  town  hall  and  the  ways  of  Congress  are 
not  more  mysterious  than  the  devious  methods  of  the  town 
caucus  which  constitutes  the  "  invisible "  local  government. 
The  tariff  sheets  of  charges  posted  at  the  local  railway  station 
under  orders  of  the  Interstate  Commerce  Commission  may  not 
be  as  concrete  as  the  living,  breathing  poundkeeper  or  road 
supervisor  of  the  village ;  but  any  civics  which  treats  them  as 
any  less  real  is  worse  than  wrong  —  it  is  pernicious.  Then  take 
the  family  with  which  the  apostles  of  simplicity  would  fain 
begin.  Is  there  in  all  the  world  anything  more  complex  than 
the  really  important  truths  about  this  ancient  institution  ? 

No  method  of  approach  to  government  can  in  fact  be  simple. 
Our  first  word,  as  Pollock  and  Maitland  say  at  the  beginning  of 
their  History  of  English  Lazu,  must  cut  a  seamless  web  too  large 
for  any  human  eye,  and  all  we  can  do  is  to  watch  the  whence 
and  whither  of  the  few  threads  which  fall  under  our  eyes.  In 
very  truth,  it  would  seem  that  all  subjects  save  mathematics  and 


viii  Preface 

languages  are  beyond  the  grasp  of  the  immature  pupil,  and  even 
the  mathematicians  and  philologists  have  their  warnings  for  us. 
But  in  a  democracy  it  is  essential  that  the  citizens  should  have 
as  clear  an  outlook  as  possible  upon  government  and  its  prob- 
lems and,  though  the  complexity  of  all  approaches  to  civics 
would  bid  us  halt,  the  need  of  things  must  overcome  our  scru- 
ples. We  have  simply  chosen  to  start  with  the  individual  and 
his  position  in  industry  and  his  rights  under  the  law.  A  score 
of  other  ways  might  have  been  chosen  with  equal  justification, 
perhaps,  but  a  beginning  had  to  be  made  somewhere. 

We  have  given  little  consideration  to  the  problem  whether 
ours  is  the  best  government  in  the  world,  not  because  we  are 
wanting  in  proper  patriotic  sentiments,  but  because  the  answer 
to  that  question  is  of  little  moment  as  compared  with  that 
greater  question  :  is  ours  the  best  government  which  it  is  pos- 
sible for  the  American  people  to  establish  and  maintain  ? 

We  have  tried  throughout  this  book  to  emphasize  the  great 
principles  of  government  rather  than  to  give  a  description  of 
the  intricate  details  of  political  organization  and  social  work 
which  will  be  obsolete  in  all  probability  before  high  school 
students  have  reached  the  voting  age. 

At  the  close  of  each  chapter  we  have  placed  some  simple 
questions  based  on  the  text,  and  we  have  given  a  few  leading 
topics  with  references  to  one  or  more  standard  works,  a  com- 
plete list  of  which  appears  in  the  appendix.^  In  the  appendix 
also  will  be  found  an  extended  list  of  questions  which  require 
more  or  less  research  on  the  part  of  the  students,  and  the 
teacher  will  make  use  of  them  or  not.  according  to  the  amount 
of  time  which  may  be  devoted  to  the  course. 

In  our  opinion,  civics  should  be  taught  in  the  first  year  of  the 

'  Unfortunately,  most  of  the  live  material  on  practical  civics  is  in  the  peri- 
odical literature ;  but  knowing  fuU  well  the  difficulties  which  confront  the  teacher 
of  large  classes  who  attempts  to  make  use  of  scattered  articles,  we  have  confined 
our  bibliographical  references  to  a  few  books  which  are  readily  available.  We  have 
appended  a  copy  of  the  federal  Constitution  with  amendments,  and  we  have  con- 
stantly cited  it  in  the  text.  It  is  important  that  the  student  should  acquire  the 
habit  of  examining  its  language  carefully  on  every  point  covered  by  it. 


Preface  ix 

high  school  for  two  fundamental  reasons.  The  first  is  that  a 
large  number  of  pupils  drop  out  after  the  first  year,  and  if  the 
purpose  of  instruction  in  civics  is  good  citizenship,  the  subject 
should  be  placed  in  the  course  of  study  at  the  point  where  the 
most  students  will  be  reached.  The  second  reason  is  that  a 
study  of  the  concrete  political  and  social  life  of  our  age  and 
country  ought  to  precede,  not  follow,  the  more  abstract  study 
of  past  ages  and  of  countries  which  we  have  never  seen. 

This  volume,  therefore,  does  not  fit  into  the  accepted  scheme 
in  which  civics  is  disposed  of  by  a  few  general  and  cursory 
reflections  made  during  the  closing  weeks  of  the  American  his- 
tory course  at  the  end  of  the  fourth  year.  It  is  an  invitation 
to  teachers  to  introduce  the  subject  during  the  first  term  of  the 
first  year  of  the  high  school,  and  by  the  use  of  the  additional 
topical  references  they  can  make  the  course  as  advanced  as  the 
circumstances  warrant. 

C.  A.  B. 
M.  R.  B. 

New  York, 
January,  1914. 


TABLE  OF  CONTENTS 
PART  I 

HUMAN  NEEDS  AND  THE  GOVERNMENT 

CHAPTER  PAGB 

I.     The  Nature  of  Modern  Government      ....  3 

IJ.     Food,  Clothing,  and  Shelter 8 

in.     The  Family^ 21 

IV.     Civil  Liberty 34 

V.     Property  Rights 54 

VI.     Political  Liberty 64 


PART   II 


THE    MACHINERY    OF   GOVERNMENT  —  OFFICERS, 
ELECTIONS,    AND    PARTIES 

VII.  The  Great  Parts  of  American  Government 

VIII.  The  National  Government 

IX.  State  Government 

X.  The  Government  of  Cities 

XI.  Government  in  Country  Districts 

XII.  Political  Parties 

XIII.  Representative  Government  and  Direct  Democracy 


79 
95 
121 
130 
140 
145 
159 


PART    III 


THE   WORK   OF   GOVERNMENT 

XIV.     The  Services  Rendered  by  the  Federal  Government    .     173 
XV.     The  Work  of  thf  State  Government     ....     219 


xu 


Table  of  Contents 


CHAPTER  PAGB 

XVI.     How  THE  City  Government  Serves  the  Community    242 
XVII.     The  Work  of  Rural  Government 
XVIII.     The  Government  and  Public  Opinion  . 
Research  Questions 


.  271 

.  287 

.  298 

The  Constitution  of  the  United  States 312 


LIST    OF    ILLUSTRATIONS 


FACING    PAGE 


Those  on  whom  we  depend  for  Coal   .......  6 

Shucking  Oysters  for  the  Market          .......  12 

Congestion  in  a  Smaller  City        ........  12 

How  Thread  is  spun  To-day         ........  16 

A  Little  Mother 30 

A  Home  factory           ..........  30 

Freedom  of  Speech  and  Assembly       .......  42 

An  EvenC  in  the  Lawrence  Strike  of  1912    ......  60 

Dorr  calling  upon  his  Followers  to  take  up  Arms  for  the   Right  to 

Vote       ...........      page  70 

President  Wilson  reading  his  Message  to  Congress     ....  87 

The  White  House 110 

Justices  of  the  Supreme  Court      .         .         .         .         .         .         .         .118 

Open-air  Voting  in  the  Eighteenth  Century         ....    page  151 

A  National  Irrigation  Plant 194 

The  New  York  Bread  Line 228 

A  Victim  of  an  Industrial  Accident      .......  230 

Night  Work  in  a  Glass  Factory 230 

A  Chicago  Court  for  Delinquent  Girls          ......  246 

A  Policewoman     ...........  250 

A  Municipal  Milk  Station     ...         - 258 

Food  Inspection  ...........  258 

The  Need  of  Healthful  Play 262 

An  Exhibit  showing  the  City  as  a  Farmer    ......  266 

Good  and  Bad  Roads    ..........  275 

In  the  Southern  Cotton  Fields  To-day 278 

Mass  Meeting  in  Cooper  Union,  New  York 288 


xiii 


PART   I 

HUMAN   NEEDS   AND   THE   GOVERNMENT 


CHAPTER  I 
THE   NATURE    OF   MODERN    GOVERNMENT 

I.    The  old  notion  of  the  government  as  a  mystery. 

1.  Government  formerly  conducted  for  the  benefit  of  a  ruling 

class. 

2.  Our  political  terms  recall  older  daj's. 

II.   Government  now  viewed  as  the  people's  servant. 

1.  The  governnient  not  a  mystery. 

2.  Necessity  for  government  grows  out  of  our  dependence 

upon  one  another. 

3.  We  perform  duties  and  secure  rights  through  the  govern- 

ment. 

4.  The  government  helps  where  the  individual  cannot  help 

himself. 

III.  The  plan  of  this  book. 

IV.  The  purpose  of  the  teaching  of  civics. 
1.  Private  virtues  in  public  service. 


The  old  notion  of  government  as  a  mystery.  —  Until 
recent  times  government  vi^as  everywhere  regarded  as  some- 
thing mysterious  and  beyond  the  ken  of  ordinary  mortals. 
Indeed  it  is  so  regarded  in  many  countries  of  the  world  to-day, 
and  as  we  call  to  mind  the  pomp  and  ceremony  which  sur- 
round the  courts  of  kings,  we  ourselves  are  likely  to  be  im- 
pressed with  what  the  old  writers  called  "  the  majesty  and 
divinity  of  sovereigns."  Military  display,  gilt  and  tinsel 
decorations,  and  gorgeous  pageantry  have  been  regularly 
employed  by  rulers  to  keep  the  people  in  awe  of  public  author- 
ity and  to  prevent  them  from  becoming  too  familiar  with 
affairs  of  state.  Even  writers  on  political  science  have 
often   warned   their   readers   against   inquiring   too   closely 

3 


4  American  Citizenship 

into  the  origin  and  nature  of  government  and  have  sought 
to  instill  a  spirit  of  veneration  quite  apart  from  any  under- 
standing of  the  government. 

Government  formerly  conducted  for  the  benefit  of  a  ruling 
class.  —  Many  generations  ago  in  England,  to  which  coun- 
try our  government  owes  its  origin,  the  king  and  his  nobles 
were  the  government,  and  they  held  that  it  was  the  business 
of  the  mass  of  the  people  —  the  peasants,  merchants,  and 
artisans  —  to  pay  taxes  to  support  the  rulers  and  to  bear 
arms  in  wars  waged  for  their  benefit.  The  people  there  are 
still  called  "  subjects,"  not  citizens;  the  army  is  the  "  royal 
army  " ;  the  navy  is  called  the  "  royal  navy  " ;  and  as  a 
wag  once  said  "  nothing  but  the  debt  is  national."  This 
calls  to  mind  the  olden  times  when  the  government  was 
little  more  than  a  big  policeman  and  tax-collector,  and  its 
purpose  was  to  benefit  the  ruling  class. 

Our  political  terms  recall  older  days.  —  Many  of  our  terms 
of  politics  are  derived  from  older  days,  when  the  people  were 
regarded  as  subjects  under  a  government  rather  than  citi- 
zens cooperating  through  a  government.  Even  the  word 
"  government  "  itself  comes  from  the  Latin  word  gubernare, 
meaning  to  rule,  which  implies  some  as  masters  and  others 
as  subjects.  The  great  word  "patriotism"  comes  from  pater, 
or  father,  which  carries  with  it  the  notion  of  authority  above 
rather  than  the  more  democratic  idea  of  fraternity  or  cooper- 
ation among  equals. 

Government  now  viewed  as  the  people's  servant.  —  By 
a  long  and  gradual  process,  which  cannot  be  described  here, 
the  power  of  government  was  wrested  from  the  king  and  his 
nobles  and  declared  to  be  vested  in  the  people,  or,  to  speak 
more  accurately,  in  the  voters.  So  it  has  come  about  in  the 
United  States  that  the  government  is  not  a  special  group  of 
persons  selected  by  exalted  royal  authority  and  empowered 
to  rule  over  us,  but  is  simply  a  certain  number  of  citizens 
set  aside  in  each  village,  township,  county,  city  and  state, 


The  Nature  of  Modern  Government  5 

and  in  the  nation,  and  instructed  by  the  voters  to  undertake 
certain  tasks  for  the  people.  These  officers  are  either  elected 
directly  by  the  voters  or  appointed  by  officers  who  derive 
their  authority  from  the  voters.  Moreover,  we  now  speak 
of  our  people,  not  as  "  subjects,"  but  as  "  citizens,"  and  of 
the  government  not  as  a  "  sovereign,"  but  as  a  "  servant," 
doing  those  things  which  the  voters  decide  should  be  under- 
taken by  public  authorities. 

The  government  not  a  "  mystery.'^  —  Under  the  circum- 
stances, we  do  not  regard  the  government  as  a  mysterious 
institution,  but  simply  as  an  agent  to  serve  the  community, 
—  to  do  work  for  the  good  of  the  people,  —  work  which 
cannot  be  done  as  well  by  private  persons  and  companies. 
It  is  true  that  this  ideal  is  not  perfectly  carried  out  in  prac- 
tice, but  it  is  a  great  gain  to  have  established  the  principle 
that  the  purpose  of  government  is  not  to  sustain  a  ruling 
class,  but  to  satisfy  the  needs  of  the  people  which  cannot  be 
better  met  in  some  other  way. 

The  necessity  for  government  grows  out  of  our  dependence 
upon  one  another.  —  We  have  a  government  in  the  United 
States  simply  because  we  all  have  needs  which  we  cannot 
satisfy  by  our  own  individual  efforts.  Only  a  Robinson 
Crusoe  can  live  without  a  government  of  some  sort.  Every 
American  family  cannot  produce  its  own  food,  build  its  own 
shelter,  protect  itself  from  criminals  and  epidemics,  educate 
its  own  members  at  home,  carry  its  OAvn  products  to  the  con- 
sumers, and  fetch  its  purchases  from  the  four  corners  of  the 
earth.  We  are,  in  fact,  dependent  upon  one  another  for 
liberty,  health,  and  safety,  as  well  as  for  the  necessaries  of 
life.  We  cannot  see  or  know  all  those  persons  upon  whom 
we  are  dependent,  —  the  miners  down  in  the  depths  of  the 
earth,  the  girls  in  the  cotton  mills  of  New  England,  the 
farmers  on  the  Western  plains.  We  cannot  meet  them 
face  to  face  and  know  that  they  have  been  fairly  paid  or 
justly  treated  for  their  labors  from  which  we  have  benefited. 


6  American  Citizenship 

We  perform  duties  and  secure  rights  through  the  government. 
—  It  is  just  because  we  cannot  individually  do  justice  to 
those  who  serve  us  or  secure  justice  for  ourselves  that  we 
must  have  a  government.  The  farmer,  for  example,  cannot 
be  sure  that  the  coal  that  keeps  him  warm  in  winter  has  been 
dug  only  in  mines  where  proper  safety  appliances  have  been 
used  to  prevent  the  great  loss  of  life  among  the  miners, 
unless  the  government  makes  certain  wise  laws  and  care- 
fully inspects  all  of  the  coal  mines.  The  purchaser  of  food 
and  other  commodities  cannot  know  whether  the  rates 
charged  for  freight  by  railways  are  just  and  fair,  but  the 
government  may  investigate  this  matter  and  fix  rates  that 
are  proper. 

The  government  helps  where  the  individual  cannot  help  him- 
self. —  To  sum  up,  the  purpose  of  government,  as  we  view 
it  in  our  day,  is  to  do  those  things  which  cannot  be  done 
well  or  justly  by  individuals  working  alone,  and  to  regulate 
the  doings  of  private  persons  in  such  a  manner  as  to  improve 
the  general  standard  of  life,  labor,  and  education.  The  very 
essence  of  government,  according  to  the  democratic  ideal, 
is  cooperation  or  union  of  effort  for  the  common  good.  This 
does  not  mean  that  the  individual  should  be  less  industrious, 
temperate,  or  virtuous,  but  that  whenever  and  wherever  we 
can  accomplish  better  results  or  have  great  and  beneficent 
work  done  more  easily  by  uniting  our  efforts  in  the  govern- 
ment, we  should  do  so.  When  the  government  builds  a 
levee  or  regulates  railway  rates,  it  does  not  take  away  the 
courage  or  virtue  of  any  citizens.  It  simply  does  what  the 
citizens,  no  matter  how  courageous  or  virtuous,  cannot  do 
without  combining  to  do  through  a  central  committee  or 
bureau  called  the  government. 

The  plan  of  this  book.  —  In  viewing  the  government  as  an 
agent  of  common  welfare,  we  have  divided  this  book  into 
three  parts :  to  show  (1)  which  of  our  personal  needs  are 
beyond  complete  individual  satisfaction  and  involve  govern- 


The  Nature  of  Modern  Government  7 

mental  action;  (2)  how  the  great  branches  of  the  govern- 
ment, national,  state,  and  local,  are  organized  to  deal  with 
these  needs ;  and  (3)  what  work  the  government  now  under- 
takes in  recognition  of  these  needs. 

The  purpose  of  the  teaching  of  civics. —  In  considering 
our  government  under  these  three  heads,  we  shall  try  to  give 
some  idea  of  its  history  and  its  various  branches.  But 
above  all  we  shall  endeavor  to  show  how  our  daily  work 
brings  us  into  touch  with  the  government,  what  principal 
issues  the  voters  are  thinking  about  to-day,  and  how  the 
citizen  and  voter  can  take  part  in  controlling  the  govern- 
ment and  in  creating  the  public  opinion  to  which  the  gov- 
ernment must  yield.  What  is  perhaps  most  important  of 
all  is  that  the  student  should  know  that  there  is  always  work 
to  be  done  to  increase  the  efficiency  with  which  the  present 
government  performs  its  tasks,  to  perfect  the  machinery  of 
government,  and  to  improve  its  functions  as  a  public  ser- 
vant. In  the  proper  study  of  civics,  therefore,  the  citizen 
not  only  learns  how  the  government  works,  but  acquires  an 
interest  in  helping  to  improve  it. 

Private  virtues  in  public  service.  —  It  is  an  ideal  of  every 
good  citizen  to  leave  the  world  a  little  better  than  he  found 
it.  Intelligent  voting  is  one  way  of  attaining  this  ideal; 
for  by  intelligent  voting,  old  and  established  public  work 
may  be  improved  and  new  and  beneficent  services  may  be 
undertaken.  Religion,  education,  interest  in  one's  fellow- 
men,  and  all  those  virtues  which  lift  mankind  above  the 
brute  kingdom  may  be  as  nobly  employed  in  advancing  the 
common  good  through  governmental  service  as  in  elevating 
private  conduct  through  precept  and  example. 


8  American  Citizenship 

Questions 

1.  What  is  the  advantage  in  having  the  government  regarded  as 
a  mystery? 

2.  Why  do  we  have  a  government  at  all  ? 

3.  For  whom  does  the  government  exist  ? 

4.  Which  is  better :   to  be  regarded  as  a  citizen  or  as  a  subject  ? 

5.  What  is  meant  by  "public  servants"  ? 

6.  Name  a  country  where  people  are  still  regarded  as  subjects. 

7.  Name  a  country  besides  ours  where  people  are  regarded  as 
citizens. 

8.  What  is  meant  by  cooperation  ? 


Additional  Reading 

The  Government  a  Means  of  Cooperation  among  Individuals  : 
Ward,  The  Social  Center,  pp.  1-18. 


CHAPTER  11 
FOOD,    CLOTHING,    AND    SHELTER 

I.   The  connection  between  food,  clothing,  and  shelter. 
II.   Changes  in  industry  bring  changes  in  government. 

III.  Life  and  work  in  olden  times. 

1.  How  the  family  took  care  of  itself. 

2.  A  livelihood  reasonably  certain. 

3.  Old-fashiorled  workshops  and  factories. 

4.  Commerce  and  trading  of  less  importance. 

IV.  The  industrial  revolution. 
V.    The  division  of  labor. 

1.  How   the  division   of  labor  brings   the  government  into 

action. 

2.  Increased  travel  and  transportation. 

3.  The  government  and  the  quantity  of  goods  produced. 

4.  The  demand  for  foreign  markets  raises  questions  of  foreign 

policies  for  the  government. 
VI.    The  factory  system. 

1.  The  consumers'  interest  in  the  factory  system. 

2.  The  owner's  interest. 

3.  Owners  Avho  do  not  manage  their  factories. 

4.  The  laborer's  interest  in  industry. 

5.  The  wages  system. 

6.  The  capital  and  labor  question. 

VII.    How  the  government  becomes  interested  in  housing. 

1.  The  majority  of  people  in  cities  do  not  own  their  homes. 

2.  Public  regulation  of  housing. 

3.  Rural  homes. 


The  connection  between  food,  clothing,  and  shelter  and 
the  government.  —  It  may  seem  strange  at  first  thought  to 
connect  food,  clothmg,  and  shelter  with  government,  but  in 
fact  the  way  we  obtain  these  necessities  determines,  in  a 

9 


lo  American  Citizenship 

large  measure,  the  nature  of  the  government  and  the  work 
which  it  has  to  do.  We  have  only  to  compare  the  govern- 
ment of  a  big  city  with  that  of  a  rural  region  to  discover  an 
obvious  illustration  of  this  truth.  It  is  the  different  ways 
which  people  have  of  living  and  working  in  cities  that  require 
many  more  public  services,  such  as  waterworks,  gas  plants, 
street  lighting,  tenement  inspection,  sewers  and  collection 
of  wastes,  and  a  score  of  government  activities  which  are 
not  required  in  the  country  at  all.  Then  one  could  go  on 
to  multiply  illustrations  by  calling  attention  to  the  disposal 
of  government  lands,  the  regulation  of  railway  rates,  the 
tariff,  labor  laws,  forest  conservation,  dairy  inspection,  and 
innumerable  other  matters  which  bring  our  struggle  for 
food,  clothing,  and  shelter  into  contact  "\\ith  the  government. 

Changes  in  industry  bring  changes  in  government.  —  Fur- 
thermore, it  is  the  changes  in  our  ways  of  securing  food,  cloth- 
ing, and  shelter  that  are  principally  responsible  for  changes 
in  the  nature  and  work  of  government.  It  is  because  the 
ways  of  meeting  these  great  human  needs  now  in  use  are 
so  different  from  the  methods  employed  in  other  ages,  that 
our  governments  have  so  many  problems  totally  different  from 
those  of  governments  a  generation  or  more  ago.  These 
problems  are  very  troublesome  and  difficult  to  understand, 
but  it  is  necessary  to  try  to  grasp  them,  because  the  work  of 
modern  government  would  other-^ise  be  meaningless.  We 
can,  perhaps,  best  approach  the  matter  by  noting  the  most 
important  industrial  changes  which  have  come  over  our 
country  since  independence  from  Great  Britain  was  ob- 
tained. 

Life  and  work  in  olden  times.  —  Our  early  American 
ancestors  lived  in  the  country  or  in  very  small  to\Mis  sur- 
rounded by  the  fields  from  which  their  principal  food  sup- 
plies came.  They  produced  at  home  almost  everything  that 
was  needed.  The  men  and  women,  assisted  by  their  chil- 
dren, grew  their  own  food  and  made  all  their  coarser  clothing. 


Food,  Clothing,  and  Shelter  ii 

The  men  hewed  down  the  forests  and  built  their  own  houses 
and  made  their  simple  furniture.  The  women  spun  and 
wove,  helped  in  the  fields,  made  bread  and  soap  and  carpets 
and  candles,  and  did  their  own  sewing  by  hand.  The  chil- 
dren were  not  compelled  to  go  to  school,  and  if  they  went  at 
all,  it  was  only  for  a  few  months  in  the  winter. 

How  the  family  took  care  of  itself.  —  Each  family  was  then 
practically  self-supporting  and  independent  of  the  outside 
world  for  the  real  necessities  of  life.  There  can  still  be  seen 
here  and  there  in  the  North,  old-fashioned  homes  which  show 
how  independent  the  former  dwellers  were  of  merchants, 
travelers,  manufacturers,  and  railways.  In  the  great  fire- 
places, wx)od  from'the  neighboring  forest  was  burned,  so  that 
there  was  no  dependence  upon  coal  miners  and  railways  for 
fuel.  In  the  huge  "  Dutch  "  ovens,  the  family  baking  was 
done.  In  the  spacious  attic  or  in  a  special  house  stood  the 
spinning  wheels,  reels,  looms,  and  dye  vats  where  carpets  and 
coarse  cloth  were  made  and  dyed.  In  the  tool  house  there 
was  a  forge  and  the  blacksmith's  tools,  where  the  simple  agri- 
cultural and  domestic  implements  were  wrought  by  hand. 
In  the  cellars  and  closets  stores  of  food  were  laid  by  for  the 
winter  from  the  field  and  orchard  and,  in  the  smokehouse, 
bacon,  hams,  and  quarters  of  beef  were  cured  for  the  family 
use.  In  the  South,  similar  conditions  existed,  except  that  the 
labor  on  the  large  plantations  was  performed  by  slaves.  One 
who  wishes  a  mental  picture  of  the  old  days  needs  only  to 
visit  the  home  of  Washington  at  Mount  Vernon,  where  all 
the  old  tools,  implements,  and  household  equipment  are 
preserved  intact. 

A  livelihood  reasonably  certain.  —  Luxuries  like  tea  and 
silks  were  imported  by  the  well-to-do  families,  but  the 
fundamental  needs  were  supplied  at  home.  Not  without  hard 
labor,  it  is  true,  but  certainly  by  hard  labor  the  family  was 
secure  against  the  bitter  sting  of  poverty,  with  its  dire  un- 
certainty.    Helpless   old    people    were    cared   for   by   their 


12  American  Citizenship 

children  or  by  their  neighbors,  and  the  families  helped  one 
another  in  times  of  illness,  or  when  specially  laborious  tasks 
had  to  be  performed. 

Old-fashioned  workshops  and  factories.  —  When  Washing- 
ton was  inaugurated  President,  only  three  per  cent  of  the 
people  lived  in  towns  of  over  eight  thousand.  In  the  coun- 
try, where  most  of  the  people  dwelt,  the  men,  women,  and 
children  did  not  work  for  wages,  but  in  order  to  satisfy  their 
own  wants.  They  were  thus  their  own  masters  for  the 
most  part,  because  they  owned  the  land  and  the  tools  with 
which  they  worked.  Even  the  artisans  in  the  towns  were 
frequently  independent  because  they  worked  with  hand 
machinery  which  they  owned  themselves  or  expected  to 
acquire  at  the  end  of  an  apprenticeship.  Moreover,  the 
poor  of  the  towns  and  the  country  regions  of  the  East  could 
look  forward  to  a  life  of  independence  by  acquiring  cheap 
land  in  the  West.  Slaves  were,  however,  without  property 
and  bound  to  the  soil. 

Commerce  and  trading  of  less  importance.  —  Money  did 
not  circulate  as  it  does  to-day.  Barter  and  trade  ran  through 
the  whole  system  of  business.  Country  people  brought  their 
produce  to  the  stores  ;  the  retailers  passed  it  on  to  the  whole- 
salers in  exchange  for  manufactures.  For  example,  the  corn 
and  bacon  of  the  Middle  West  were  shipped  down,  the  Mis- 
sissippi to  New  Orleans,  where  they  were  exchanged  for 
molasses,  whisky,  tea,  coffee,  and  other  commodities.  There 
were  but  few  joint-stock  companies  or  corporations  engaged 
in  business.  The  manufacturer  or  business  man  superin- 
tended his  owTi  plant.  Outside  of  the  government  securities 
there  were  only  a  few  stocks  and  bonds  to  be  sold  on  stock 
exchanges,  so  that  the  field  of  finance  and  banking  was 
very  narrow.  Great  riches  were  made  principally  out  of 
land  speculation  and  fortunate  shipping  ventures  at  sea,  or 
by  trading  with  the  Indians.  There  was  relatively  little 
travel,  and  if  any  considerable  number  of  people  did  not 


Courtesy  of  National  Child  Labor  Commiltee. 

Shucking  Oysters   for  the  Market 


CoNtiESTIOX    IN    A    SMALLER    ClTY 


Food,  Clothing,  and  Shelter  13 

like  the  rates  of  a  stage  driver,  they  could  easily  encourage 
the  establishment  of  a  competing  concern. 

The  industrial  revolution.  —  One  has  only  to  imagine  the 
ways  of  living  and  working  in  those  old  days  and  compare 
them  with  the  modern  ways  to  realize  how  great  has  been 
the  change.  Indeed,  writers  call  this  break  with  old  methods 
"  the  industrial  revolution,"  and  justly  point  out  that  it  has 
wrought  vaster  changes  in  human  life  than  all  the  previous 
revolutions  since  the  beginning  of  civilization.  It  was, 
however,  such  a  peaceful  revolution,  and  came  about  so 
rapidly,  that  many  people  still  think  the  thoughts  of  the  old 
world  while  they  perform  their  daily  labor  in  a  new  one, 
and  sometimes  declare  that  inasmuch  as  it  was  not  necessary 
for  the  government  to  concern  itself  with  regulating  the 
safety  of  stage  coaches,  it  should  let  railways  conduct  their 
business  with  the  same  freedom  from  interference.  To 
realize  the  connection  between  government  and  ways  of 
gaining  a  livelihood,  let  us  bring  together  here  a  summary  of 
changes  which  were  brought  about  by  the  industrial  revolu- 
tion. 

The  division  of  labor.  —  The  first  great  change  we  should 
note  is  the  division  of  labor,  for  this  destroyed  that  old 
independence  of  tlie  family  from  the  outside  world,  and 
made  us  all  dependent  upon  one  another.  Nowadays  the 
individual  specializes  in  one  or  two  trades.  There  are 
people,  for  instance,  who  spend  their  lives  watching  machines 
stick  pins  into  papers,  or  put  heads  on  matches,  and  who 
could  not  possibly  make  a  whole  pin  or  a  match.  Instead 
of  each  family  performing  all,  or  nearly  all,  of  the  tasks 
necessary  to  produce  the  articles  the  members  use,  we  have 
the  family  dependent  upon  some  very  special  trades,  such 
as  cotton  spinning  or  automobile  manufacturing.  Of  course 
we  are  speaking  now  mainly  of  manufactures,  but  f^ven  in 
the  farming  regions,  the  people  no  longer  make  their  cloth- 
ing and  their  farming  implements.     There  are  not  many 


14  American  Citizenship 

farmers  to-day  who  can  shoe  a  horse,  sharpen  a  plow- 
share, and  half-sole  a  pair  of  boots. 

This  specialization  is  geographical  as  well.  There  are 
countries  and  regions  which  specialize  in  grain  production, 
so  that  we  have  great  areas  exporting  wheat  and  corn  and 
importing  other  foodstuffs  and  manufactures.  Some  regions 
specialize  in  iron  and  steel ;  others  in  fruits  and  dairy  prod- 
uce, and  so  on.  Such  specialization  requires  large  receiving 
and  distributing  centers,  warehouses,  canneries,  and  markets. 

How  this  division  of  labor  brings  the  government  into  action. 
—  This  specialization  touches  the  government  in  many 
ways.  In  the  old  days,  for  example,  when  people  produced 
and  cooked  their  o\vn  foods,  they  knew  what  ingredients 
entered  into  them.  They  could  attend  to  the  purity  of  their 
food  \nthout  laws  about  the  subject,  or,  if  they  chose  to  be 
dirty  and  careless,  the  guilty  parties  were  the  principal 
sufferers.  In  our  day,  on  the  other  hand,  the  canners  of 
food  and  packers  of  meat  do  not  have  to  eat  their  own  prod- 
ucts, and  consumers  in  order  to  be  sure  of  certain  standards 
of  purity  have  demanded  pure  food  laws  and  the  inspection 
of  manufacturing  concerns  and  shipments  to  prevent  adul- 
teration. 

Increased  travel  and  transportation.  —  A  further  result  of 
this  specialization,  which  also  involves  the  government  very 
directly,  is  the  necessity  for  extensive  transportation  systems. 
Food  must  be  sent  from  place  to  place  by  train  and  steamer, 
and  the  rates  and  arrangements  for  freight  handling  affect 
both  the  producer  and  consumer  of  foodstuffs.  The  element 
of  what  is  called  "  monopoly  "  enters  in  here,  because  the 
number  of  railway  lines  between  two  centers  is  necessarily 
limited,  and  not  even  one  line  can  be  built  without  the 
approval  of  the  government.  In  fact,  in  the  United  States 
the  governments  —  federal  and  state  —  have  contributed 
enormous  sums  of  money  and  vast  areas  of  land  to  the 
companies  which  have  constructed  the  transportation  sys- 


Food,  Clothing,  and  Shelter  15 

terns.  Thus  a  double  link  is  formed  between  the  govern- 
ment and  the  transportation  of  food. 

The  government  and  the  quantity  of  goods  produced.  — 
Another  important  element  in  the  production  of  foodstuffs 
is,  of  course,  the  quantity.  Even  here  it  is  not  merely  the 
industry  of  individuals  which  counts.  The  government 
may  foster  certain  industries,  such  as  sugar  production,  by 
tariffs  and  bounties.  By  its  system  of  taxation  it  may 
encourage  or  discourage  agricultural  improvements.  B}' 
agricultural  colleges  and  experiment  stations  and  model 
farms,  it  may  spread  knowledge  which  will  enable  the 
farmers  to  increase  their  crops.  The  conservation  of  the 
forests  in  a  proper  manner  affects  rainfall  and  the  washing 
away  of  rich  soil.  Irrigation  develops  vast  arid  regions. 
Levees  prevent  overflows  of  rivers,  and  canals  drain  swamps. 

The  demand  for  foreign  markets  raises  questions  of  foreign 
policies  for  the  governinent.  —  Specialization  has  one  more 
governmental  aspect.  Our  producers  must  be  able  to  sell 
their  produce  all  over  this  country  and  in  foreign  countries. 
If  clothing  makers,  carpenters,  and  lumbermen  cannot  buy 
food,  farmers  cannot  buy  clothing  and  have  homes  built. 
Thus  the  question  of  facilities  for  marketing  and  transpor- 
tation, of  bringing  producer  and  buyer  together,  of  opening 
foreign  markets,  —  matters  which  were  once  thought  to  be 
wholly  private  concerns,  —  are  brought  more  or  less  within 
the  scope  of  government. 

The  factory  system.  —  The  second  great  change  brought 
about  by  the  industrial  revolution  is  the  factory  system  — 
the  production  of  both  food  and  clothing  in  great  buildings 
by  special  groups  of  laborers  operating  expensive  machinery 
which  they  do  not  own.  This  system  has  a  triple  interest : 
for  the  consumer,  for  the  owner,  and  for  the  laborer. 

The  consumer's  interest  in  the  factory  system.  —  As  we  have 
pointed  out  in  the  case  of  food  supplies,  adulteration  of  all 
kinds  may  enter  into  production  when  the  consumer  ceases 


1 6  American  Citizenship 

to  direct  it  personally.  This  applies  to  clothing  as  well 
as  foodstuffs.  Silks  may  be  stiffened  by  solutions  of  tin; 
cotton  and  shoddy  may  be  mixed  with  wool;  and  sham 
leather  soles  for  shoes  may  be  made  out  of  paper.  Glucose 
mixed  with  jam  is  perhaps  not  as  dangerous  to  health  as 
paper-soled  shoes.  In  view  of  the  extent  to  which  adultera- 
tion is  carried  on,  the  consumer  is  beginning  to  ask  for  pro- 
tection by  the  government  in  his  struggle  for  good  cloth- 
ing as  well  as  for  pure  food.  Moreover,  clothing  is  fre- 
quently made  in  tenements  and  sweatshops  in  cities  where 
contagious  diseases  flourish,  and  may  spread  from  the  makers 
to  the  wearers.  The  consumer  is  also  interested  in  the  cost  of 
production  in  factories. 

The  owner's  interest.  —  The  owner's  concern  in  the  factory 
arises  from  the  necessity  of  paying  interest  on  the  capital 
invested  and  his  natural  desire  to  make  a  profit  out  of  the 
business.  Factory  owners  are,  therefore,  constantly  strug- 
gling against  too  much  interference  by  the  government  on  be- 
half of  the  consumer  and  the  employees,  and  also  against 
combinations  of  employees,  known  as  trade  unions,  which 
fight  to  raise  wages  and  reduce  hours.  Orders  from  govern- 
ment factory  inspectors  requiring  them  to  put  their  build- 
ings into  a  safer  and  more  sanitary  condition  may  cause  so 
much  expense  as  to  compel  them  to  quit  business,  and  the 
success  of  a  trade  union  in  raising  wages  maj^  take  away  all 
of  the  profits  and  make  impossible  the  payment  of  interest 
on  the  investment.  Again,  factory  owners  usually  derive  a 
benefit  from  the  protective  tariff  on  the  goods  they  produce 
(p.  183),  and  they  are  always  on  the  watch  to  increase  the 
rate  of  protection  or  at  least  to  prevent  the  government 
from  cutting  it  down  too  low.  Modern  thinkers  on  indus- 
trial questions  are  inclined  to  hold,  however,  that  any  business 
that  cannot  maintain  safe  and  sanitary  plants  and  pay 
decent  wages  is  "parasitic  "  ;  that  is,  a  prey  upon  the  health 
and  wealth  of  the  community,  and  should  be  abandoned. 


Food,  Clothing,  and  Shelter  17 

Enough  has  been  said  to  show,  at  least,  that  the  factory 
owner  has  a  deep  concern  in  the  way  the  government  is  con- 
ducted. 

Owners  who  do  not  manage  their  factories.  —  And  it  should 
be  noted  that  factory  owners  to-day  are  in  quite  a  different 
position  from  what  they  were  fifty  years  ago.  Most  great 
factories  are  now  owTied  by  companies  or  corporations  in 
which  many  persons  have  joined  in  the  common  investment. 
Such  factories  are  not  conducted  by  those  who  owti  them, 
but  by  hired  managers,  whose  business  it  is  to  see  that  the 
investors  receive  the  interest  and  dividends  on  their  capital 
regularly.  There  is  a  limit  to  the  amount  of  wages  that  such 
managers  can  give  for  their  first  care  is  to  pay  the  investors 
their  interest  and  profits.  If  they  do  not  do  this,  they 
are  discharged  for  incompetency.  In  old  days,  when  the 
owners  of  the  factories  actually  managed  them,  they  might 
have  been  willing  in  hard  times  to  forego  their  profits 
and  even  the  interest  for  a  short  period,  in  order  to  pay 
good  wages  and  keep  their  employees  busy.  But  the  modern 
factory  is  a  more  "  heartless  "  affair,  for  its  many  o^\^lers 
may  be  scattered  all  over  the  world,  and  their  chief  concern 
usually  is  to  get  their  interest  and  profits.  This  condition 
also  puts  a  new  problem  before  the  government. 

The  laborer's  interest  in  industry.  —  Other  aspects  of  the 
factory  system  affect  principally  the  laborer.  The  condi- 
tions under  which  the  industry  is  carried  on,  the  light  and 
sanitation  of  workrooms,  the  use  of  unguarded,  dangerous 
machinery,  hours  of  work,  wages,  employment  of  women 
and  children,  —  these  and  other  matters  affect  the  health, 
the  leisure,  the  purchasing  power,  and  the  morals  of  the 
workers.  According  to  the  last  census  there  were  6,615,000 
factory  workers  in  the  United  States. 

Foreign  labor  in  industry.  —  The  garment  and  needle 
trades,  moreover,  emplo}-  mainly  foreign  men  and  women, 
so  that  any  discussion  of  the  clothing  industry  brings  us 
c 


1 8  American  Citizenship 

to  a  consideration  of  the  relation  of  the  government  to 
immigration.  Indeed,  the  overwhelming  majority  of  the 
factory  and  industrial  wage  workers  of  the  United  States 
are  foreigners  or  immediate  descendants  of  foreign-born 
parents. 

The  wages  system.  —  With  the  factory  system  and  the 
specialization  in  industry  came  perhaps  the  most  funda- 
mental change  of  all  —  the  enormous  increase  in  the  number 
of  those  who  work  for  wages.  In  the  days  of  agriculture 
and  handicrafts,  the  producer  (except  in  the  slave  states) 
was  generally  the  o^\Tier  of  his  own  tools  and  the  produce  of 
his  labor  was  his.  He  consumed  part  of  it  and  exchanged 
the  balance,  usually  by  barter,  for  the  commodities  which 
he  had  to  buy.  To-day  there  are  millions  of  wage  workers 
in  the  United  States  and  within  a  generation,  at  the  present 
rate  of  increase,  they  will  constitute  a  majority  of  all  the 
people.  That  is,  a  vast  number  of  men  and  women  do  not 
produce  for  themselves  what  they  consume,  but  are  paid  in 
wages  for  their  work  ajid  are  directly  dependent  for  their 
livelihood  upon  the  prosperity  of  the  several  industries  in 
which  they  work. 

The  capital  and  labor  question.  —  In  older  and  simpler 
days,  when  agriculture  was  the  chief  occupation,  the  wages 
question  was  not  very  significant  from  the  point  of  view  of 
government.  The  farmer  who  owned  his  land  took  the  prod- 
uce for  his  own  and  bought  very  little.  But  under  the  fac- 
tory system  the  perpetual  question  is  :  hovv'  much  of  the  total 
product  belongs  to  the  laborer  and  how  much  to  the  owner 
of  the  tools?  This  question  grows  in  importance  as  the 
number  of  industrial  wageworkers  increases,  and  it  forces 
itself  upon  the  government  in  many  ways.  It  involves  the 
right  of  working  men  and  women  to  form  unions,  to  strike 
for  higher  wages,  shorter  hours,  and  better  conditions  of 
labor,  and  to  interfere  with  those  who  would  take  the  jobs 
left  by  strikers.     It  has  led  to  the  formation  of  socialistic 


Food,  Clothing,  and  Shelter  19 

parties  which  demand  that  the  great  industries  should  be 
owned  and  directed  by  the  government. 

How  the  government  becomes  interested  in  housing.  — 
Even  that  other  great  human  need  —  shelter  —  raises  grave 
governmental  questions.  We  can  no  longer  live  in  caves ; 
nor  can  we  go  out  into  the  forests,  cut  down  trees,  and  build 
rude  huts.  Our  homes  must  be  sanitary,  well  ventilated, 
of  proper  size,  and  secure  from  criminals  and  the  vicious. 

The  majority  of  people  in  cities  do  not  own  homes.  —  Those 
who  are  rich  enough  can  settle  the  problem  of  shelter  for 
themselves ;  but  the  great  mass  of  the  inhabitants  of  our 
cities  are  too  poor  to  command  these  necessary  elements  of 
proper  shelter.  The  majority  of  them  cannot  own  their 
homes.  In  Detroit,  Michigan,  only  22.5  per  cent  of  the 
inhabitants  owned  their  homes  free  of  mortgage,  and  only 
39.1  per  cent  owned  homes  at  all  in  1900;  and  Detroit  had 
more  home  owners  than  any  other  large  city  in  the  country  at 
the  time.  In  one  assembly  district  in  New  York  only  four- 
teen out  of  13,662  families  owned  their  homes  in  1900. 

Public  regulation  of  housing.  —  In  the  cities,  therefore, 
millions  of  people  are  dependent  in  a  large  measure  upon 
circumstances  beyond  their  personal  control  for  the  excel- 
lence of  the  shelter  they  enjoy.  This  leads  to  governmental 
interference  in  regulating  the  construction  and  management 
of  tenements  and  rented  houses,  and  also  to  some  demand 
that  American  cities  follow  European  examples  in  the  con- 
struction of  model  houses  for  renters.  The  provision  of 
proper  shelter  leads  to  other  questions :  the  taxation  of  the 
land  upon  which  houses  are  built ;  car  fare,  sanitation  and 
inspection,  garbage  disposal,  water,  fire  protection,  and  a 
host  of  other  matters  which  are  governmental  in  character. 

Rural  homes.  —  Unsatisfactory  shelter  is  not  confined  to 
cities,  moreover.  In  the  countr}'^  are  often  to  be  seen  filthy 
and  neglected  houses.  Sometimes  one  sees  cases  where  the 
cattle  are   far  better   housed   than   the  family.     There   is, 


20  American  Citizenship 

however,  in  the  country  more  family  responsibility  in  the 
matter  of  shelter  than  in  cities,  where  the  vast  majority  of 
residents  are  renters. 

It  is  apparent  from  this  brief  review  of  the  way  in  which 
the  government  may  be  employed  in  helping  us  secure  the 
three  great  material  needs  of  human  life,  —  food,  clothing, 
and  shelter,  —  that  civics  should  not  be  a  "  lifeless  "  subject. 
On  the  contrary,  it  has  the  deepest  interest  for  all  who  care 
for  the  welfare  of  themselves  and  the  countless  millions  of 
their  fellow-citizens. 


Questions 

'  1.  What  is  the  relation  between  food  and  the  government? 

2.  What  is  the  relation  between  clothing  and  the  government  ? 

3.  What  is  the  relation  between  shelter  and  the  government  ? 

4.  What  changes  have  taken  place  in  our  way  of  procuring 
these  things  since  the  days  of  our  great-grandfathers  ? 

5.  How  have  these  changes  affected  the  government  ? 

6.  What  is  meant  bj'  division  of  labor  or  specialization  ? 

7.  Tell  all  you  know  about  the  factory  system  of  to-day. 

8.  What  is  the  owner's  interest  in  that  system  ? 

9.  What  is  the  laborer's  interest  in  it  ? 

10.  What  is  the  consumer's  interest  in  it  ? 

11.  How  do  we  see  these  interests  reflected  in  the  government? 


Additional  Reading 

Social  Results  of  the  Industrial  Revolution  :  Beard,  City 
Government,  pp.  1-30. 

The  Goal  of  Economic  Endeavor  :  Burch  and  Nearing,  Ele- 
ments of  Economics,  pp.  1-30. 

Changes  in  American  Industry  :  Burch  and  Nearing,  pp.  158- 
188. 


CHAPTER  III 
THE    FAMILY 

I,    Family  life  a  community  concern. 

1.  Family  life  necessary  to  the  proper  rearing  of  children. 

2.  Noble  virtues  cherished  in  the  family. 

3.  Family  helps  develop  industrious  citizens. 

4.  How  the  outside  world  penetrates  the  home. 

5.  Wages  and  the' home. 

6.  How  the  home  affects  the  government. 
II.    Many  different  kinds  of  homes. 

1.  The  home  of  the  man  who  works  at  night  or  for  long  hours, 

2.  Homes  where  mothers  are  breadwinners  too. 

3.  Homes  where  the  mothers  are  the  sole  breadwinners. 

4.  Homes  where  children  are  breadwinners. 

5.  Homes  which  are  tenement  workshops. 

6.  Homes  of  negroes. 

7.  Homes  of  the  poor  whites. 

8.  New  public  duties  to  the  home. 

III.  The  home  and  government. 

IV.  The  rights  and  duties  of  parents  and  children  under  the  law. 

1.  New  rights  which  the  law  gives  to  women. 

2.  How  the  law  goes  into  the  home. 


Family  life  a  community  concern.  —  Food,  clothing,  and 
shelter  are,  as  we  have  seen,  needs  common  to  all  the  people, 
and,  in  the  struggle  for  these  necessities  of  life,  the  govern- 
ment can  aid  in  many  ways.  A  wholesome  family  life  is 
also  a  great  human  need  and,  although  it  may  seem  on  first 
thought  that  the  government  has  nothing  to  do  with  the 
home,  a  second  thought  will  show  that  even  the  private 
life  of  a  family  cannot  be  lived  wholly  apart  from  the 
government. 


2  2  American  Citizenship 

Family  life  necessary  to  the  proper  rearing  of  children.  — 
Love  and  affection  between  men  and  women  and  the  care 
of  little  children  are  needs  as  old  historically  as  protection 
from  cold  and  hunger.  In  fact,  the  family  is  perhaps  the 
oldest  human  institution  or  association  of  which  we  have  a 
record.  It  is  difficult  to  imagine  little  children  being  prop- 
erly cared  for  outside  the  family  circle,  although  in  excep- 
tional cases  children  are  better  off  in  public  and  private  in- 
stitutions than  with  their  parents.  Family  life  is  a  deep  hu- 
man need,  because  it  is  necessary  for  the  rearing  of  children, 
without  whom  the  community  cannot  go  on  at  all.  In- 
fants and  growing  boys  and  girls  need  the  physical  care 
and  the  love  and  sympathy  of  parents  in  order  that  they 
may  get  a  good  start ;  for  what  people  are  in  later  life  de- 
pends in  a  very  large  measure  on  the  kind  of  childhood 
which  they  have.  If  parents  bring  up  ignorant  and  diseased 
children,  the  community  suffers  from  the  loss  of  intelligent 
citizens,  and  may,  in  fact,  have  to  support  the  children  in  alms- 
houses. It  cannot  be  said,  therefore,  that  the  government, 
or  rather  the  community,  can  be  indifferent  to  the  kind  of 
family  life  which  is  maintained  in  its  midst.  On  the  other 
hand,  the  family  should  see  to  it  that  the  government  gives 
due  attention  to  all  of  its  requirements  which  are  public  in 
character. 

Noble  virtues  nourished  in  the  family.  —  In  the  family  are 
nourished  many  of  the  finest  virtues  upon  which  orderly 
community  life  depends.  How  deep  and  important  are 
the  ideals  of  fatherhood,  motherhood,  child  life,  affection, 
loyalty,  care  for  the  helpless,  and  unselfishness  which  de- 
velop wherever  there  is  a  wholesome  family  life!  The 
family  represents  the  first  little  group  where  the  young  and  the 
old,  the  clever  and  the  dull,  the  strong  and  the  weak,  learn  to 
live  together  and  to  work  together  in  harmony  and  affec- 
tion. Here  the  virtues  of  good  citizenship  are  discovered, 
such  as  the  knowledge  that  the  act  of  one  person  may  hurt 


The  Family  23 

others,  that  overwork,  whether  on  the  part  of  parents  or  chil- 
dren, is  harmful,  that  selfishness  produces  evil  results,  that 
the  opinion  of  others  should  be  listened  to  and  studied. 
It  is  through  the  family  that  women  who  first  loved  only 
their  own  little  children  have  grown  to  care  for  the  welfare 
of  all  little  children ;  that  women  who  have  sacrificed  and 
worked  for  their  own  children  have  learned  to  be  interested 
in  the  struggles  of  all  women  to  rear  their  children  properly ; 
and  that  men  with  families  of  their  own  to  work  for  have 
understood  and  respected  the  struggles  of  other  men  to  main- 
tain proper  homes.  The  community  which  the  government 
serves  is  in  many  respects  simply  an  enlarged  family. 

The  family  helps  4evelop  industrious  citizejis.  —  The  family 
also  furnishes  a  motive  for  men  and  women  to  work  hard 
and  live  honorable  lives.  There  are  very  few  people  who 
can,  or  who  desire,  to  live  and  to  work  for  themselves  alone. 
The  vast  majority  of  adults  work  in  order  that  they  may 
take  care  of  their  famiUes  —  their  children,  their  wives  or 
husbands,  their  old  parents,  their  brothers  or  sisters.  In 
nearly  every  family  there  are  dependent  persons  —  children, 
invalids,  or  aged  persons  ;  and  mothers,  while  rearing  babies, 
find  it  hard  to  make  a  living  by  working  out  of  the  home, 
and  usually  depend,  if  possible,  upon  the  earnings  of  the 
husband  or  the  older  children. 

How  the  outside  world  penetrates  the  home.  —  Not  only  do 
influences  go  out  from  the  family  to  affect  the  character  of 
the  community  and  the  government.  The  influences  of  the 
community  penetrate  deeply  into  the  family,  for  members 
of  the  family  have  associations  and  work  more  or  less  outside 
of  the  walls  of  the  home.  The  strongest  and  most  obvious  of 
these  influences  are  the  work  which  the  members  do  to  earn 
the  living  and  the  amount  of  the  wages  they  are  paid. 
If  the  work  is  dangerous,  the  breadwinner  may  be  injured 
or  even  killed  —  as  thousands  are  every  year  on  railways, 
and  in  mines  and  factories.     By  such  accidents  happy  homes 


24  American  Citizenship 

are  broken  up  and  the  members  of  the  family  are  thrown 
into  poverty.  Diseases  of  all  kinds,  moreover,  are  con- 
nected with  various  industries :  tuberculosis,  for  example, 
is  contracted  in  insanitary  clothing  factories  and  mills  and 
carried  into  the  home.  Then  there  are  the  moral  influences 
surrounding  the  work  of  young  and  old  in  the  places  where 
they  earn  their  living,  and  these  may  completely  destroy  all 
the  good  work  of  the  careful  mother  in  rearing  her  children. 

Wages  and  the  home.  —  The  amount  of  the  family  earnings 
is,  of  course,  a  matter  of  deep  concern.  It  determines,  within 
limits,  the  kind  of  house  that  is  rented  or  built ;  the  amount 
and  quality  of  the  food  that  is  consumed ;  the  opportunities 
for  culture  and  enjoyment  that  are  secured.  If  the  family 
is  unable  to  take  care  of  itself,  its  members  lose  heart  and 
often  drift  downward.  If  the  family  cannot  provide  for 
the  sick  and  aged,  they  become  public  charges,  and  alms- 
houses and  hospitals  take  the  place  of  the  home.  While  it 
is  true  that  some  families  by  thrift  and  intelligence  may 
make  smaller  wages  go  farther  than  careless  families  can 
make  higher  wages  go,  it  is  nevertheless  true  that,  taking 
things  by  and  large,  bigger  wages  mean  more  sanitary  homes, 
more  moral  surroundings  for  the  children,  more  oversight 
by  the  mother,  and  more  chances  to  become  wise  and  up- 
right men  and  women  and  citizens. 

How  the  home  affects  the  government.  —  Thus  in  many  ways 
the  community  affects  the  home  and  the  home  thus  affected 
in  turn  influences  the  life  of  the  community.  Where  wages 
are  low  and  the  home  wretched,  the  members  of  the  family 
take  no  pride  in  it  and  stay  in  it  as  little  as  possible.  Hence 
comes  the  demand  for  intense  excitement :  flashy  moving 
picture  shows,  dance  halls,  cheap  and  sensational  theaters, 
and  saloons.  So  vital  a  part  of  the  home  have  modern  amuse- 
ments become  that  social  workers  who  know  about  the 
problem  at  first  hand  are  insisting  that  city  governments 
should  make  provision  for  public  recreation  on  a  large  scale 


The  Family  25 

and  regulate  closely  all  private  amusement  concerns.  Here 
again  the  family  comes  into  touch  with  the  government. 

Many  different  kinds  of  homes.  —  The  home  is  usually 
spoken  of  as  if  it  were  the  same  thing  all  over  the  country 
and  in  all  sections  of  the  community.  The  type  of  family 
which  most  of  us  have  in  mind  and  which  is  most  commonly 
pictured  as  the  ''  average  "  home  is  one  where  the  father 
earns  a  comfortable  livelihood  for  all,  where  the  mother 
assumes  the  responsibilities  for  the  household,  and  where 
children  are  given  an  opportunity  to  go  to  school  and  to 
prepare  themselves  for  more  lucrative  and  less  laborious 
positions  than  those  held  by  their  father.  In  this  family 
the  mother  is  supposed  to  concern  herself  solely  with  house- 
hold matters  and  perhaps  a  bit  of  charity  or  church  work. 
The  father  is  the  purveyor  of  the  collective  wisdom  of  the 
home  and  establishes  all  of  the  serious  connections  of  the 
home  with  the  outside  world.  In  the  evening  time  when  the 
work  is  done  this  family  gathers  around  the  center  table  to 
read  or  play  simple  games. 

Whether  this  is  the  best  type  of  family  we  need  not  stop 
to  discuss,  but  it  is  necessary  to  point  out  that  there  are  so 
many  variations  from  this  type,  particularly  in  our  day  of 
great  cities  and  factories,  that  it  is  scarcely  to  be  regarded 
as  typical  any  longer.  Indeed,  it  is  only  when  we  consider 
the  various  kinds  of  families  which  modern  industry  creates 
that  we  can  understand  the  relation  of  the  home  to  the 
community  and  the  government. 

The  home  of  the  man  who  works  at  night  or  for  long  hours.  — 
In  the  first  place  there  is  the  family  whose  breadwinner  is 
engaged  in  an  industry  that  requires  long  hours  or  night 
work.  This  matter  was  recently  discussed  in  New  York 
during  the  controversy  over  a  law  reducing  the  number  of 
hours  which  bakers  could  be  employed  in  bake  shops.  It 
appeared  that  thousands  of  men  were  employed  for  twelve, 
fourteen,  and  even  sixteen  hours  a  day;    that  they  had  to 


26  American  Citizenship 

rise  early  in  the  morning  before  the  world  was  astir  in  order 
to  bake  and  deliver  the  daily  bread,  and  that  many  of  them 
could  not  return  home  until  long  after  the  children  were  all 
abed.  Some  of  the  bakers  declared  that  they  would  not 
know  their  own  children  if  they  should  see  them  on  the  streets 
because  they  had  never  seen  them  except  during  sleep  and  by 
artificial  light.  The  same  theme  was  discussed  in  connection 
with  the  men  employed  in  collecting  garbage  and  ashes  for  the 
city  of  New  York.  Certain  citizens  thought  that  it  was  better 
and  less  troublesome  to  have  the  waste  collected  at  night,  and 
the  experiment  was  tried.  The  workmen  complained  that 
when  they  had  to  stay  up  all  night  and  sleep  most  of  the  day 
they  could  see  nothing  of  their  families,  and  that  the  house- 
hold was  seriously  disturbed  because  the  mother  had  to  give 
so  much  time  to  keeping  the  children  quiet  while  the  father 
slept. 

It  may  be  said  that  such  conditions  are  very  unusual ; 
but  there  are  tens  of  thousands  of  homes  where  the  long 
hours  and  night  work  of  the  father  prevent  the  close  associa- 
tion of  parent  and  children  and  make  impossible  those  gather- 
ings around  the  fireside  which  are  supposed  to  be  a  neces- 
sary part  of  typical  home  life.  Just  think  for  a  moment  of 
the  number  of  bakers,  miners,  policemen,  glass  and  steel 
workers  in  mills  whose  fires  must  be  kept  burning  day  and 
night,  railwaj-men,  train  dispatchers,  telegraph  and  tele- 
phone operators,  and  numerous  other  groups  of  working  peo- 
ple whose  conditions  of  employment  and  long  hours  make 
such  family  life  impossible  —  unless  the  employees  can, 
by  organization,  force  a  proper  adjustment  of  hours  and 
"  shifts,"  as  the}'  are  called,  or  unless  the  government  steps 
in  and  fixes  the  hours.  This  is  a  point  where  the  govern- 
ment touches  the  home,  and  we  shall  take  it  up  again  in  the 
third  part  of  our  book. 

Homes  where  mothers  are  breadwinners.  —  Another  varia- 
tion from  the  tj^jical  home  where  the  father  is  the  bread- 


The  Family  27 

winner  for  all,  is  the  home  from  which  the  mother  is  absent, 
helping  to  supplement  the  earnings  of  the  father.  Often 
the  father  cannot  make  enough  money  to  support  his  family, 
let  him  work  ever  so  hard ;  and  often  he  is  unemployed 
through  no  fault  of  his  own.  The  mother  then  must  do 
laundry  work  by  day  and  night,  take  in  sewing,  or  go  out 
to  work  in  factories  by  day,  or  to  scrub  big  office  buildings 
at  night.  Where  this  is  the  case,  the  home  suffers  ;  the  little 
children  must  be  left  to  care  largely  for  themselves  without 
proper  food  and  attention.  Where  the  mother  is  away 
working  long  hours,  the  food  is  sure  to  be  hastily  and  poorly 
selected  and  prepared,  and  temptation  to  supplement  the 
meals  by  liquor  is  very  strong. 

We  are  not  speaking  now  of  a  few  exceptional  homes,  but 
of  a  very  large  number  of  homes.  One  out  of  every  five  of 
the  industrial  wage  workers  of  the  United  States  is  a  woman, 
and  the  proportion  steadily  increases.  About  one-third  of 
the  females  over  ten  years  of  age  in  Philadelphia  are  engaged 
in  gainful  pursuits,  and  about  one-eighth  are  in  industries. 
We  do  not  know  exactly  how  many  married  women  with 
children  are  compelled  to  work  out  of  the  home  to  help  earn 
the  living ;  but  the  number  is  certainly  above  a  milhon. 
This  means  that  at  least  a  million  homes  are  not  that  typical 
American  home  so  fondly  pictured  by  thoughtless  orators. 

Homes  where  mothers  are  the  sole  breadwinners.  —  Another 
group  of  families  is  composed  of  those  in  which  the  mother 
is  the  sole  breadwinner.  The  father  is  dead,  or  crippled  by 
an  accident  in  industry,  or  has  deserted  because  he  was 
shiftless  or  could  not  bear  the  strain  of  the  struggle  for  exist- 
ence. Women  are  seldom  paid  as  much  as  men,  even  for 
the  same  kind  of  work,  and  the  mother  who  must  bear  all 
the  burden  can  give  little  time  to  her  children.  While  she 
is  away  from  home,  the  oldest  child  usually  assumes  her 
place,  and  thus  we  have  thousands  of  "  little  mothers  " 
and  "  little  fathers,"  as  they  are  called,  carrying  about  in 


28  American  Citizenship 

their  young  arms  their  smaller  brothers  and  sisters,  cooking 
and  cleaning,  and  growing  old  and  bent  before  they  become 
of  age  themselves.  Often,  in  such  cases,  the  home  life  is 
lost  altogether,  and  the  mother  must  place  her  children  in 
institutions  where  she  can  seldom  see  them,  to  say  nothing 
of  giving  them  a  mother's  care,  or  she  must  give  them  to 
well-to-do  people  to  be  reared  as  their  own.  It  is  to  remedy 
these  grave  evils  that  at  least  fourteen  states  have  recently 
passed  laws  giving  pensions  to  poor  widows  or  other  women 
with  children  so  that  they  may  maintain  their  homes. 

Homes  where  children  are  breadwinners.  —  We  have  other 
groups  of  families  in  which  the  little  children,  as  well  as  the 
father  and  mother,  are  wage  earners.  Many  things  are 
done  to-day  by  the  fingers  of  very  young  children.  They 
shuck  oysters,  string  beans,  paste  labels,  help  make  paper 
boxes,  or  "dip"  chocolate  drops.  Other  children,  boys  and 
girls  in  their  early  teens,  work  long  hours  in  factories  and 
stores.  Where  the  members  of  the  family  work  in  mills  and 
are  separated  during  the  day,  they  acquire  different  asso- 
ciates, and  at  night  seek  different  amusements.  Education 
is  neglected,  little  bodies  are  often  stunted  by  overwork, 
and  children  of  tender  years  are  brought  into  contact  with 
the  vices  of  the  world  during  the  early  stages  of  their  growth. 
This  latter  fact  has  led  to  some  recent  laws  which  prevent 
young  messenger  boys  from  being  sent  into  vicious  resorts 
at  night.  It  is  because  criminals  have  often  started  on  their 
careers  of  evildoing  when  they  were  very  young  that  they  are 
so  hard  to  reform. 

Differences  in  family  life  are  also  frequently  due  to  differ- 
ences in  educational  opportunities.  Where  children  must 
leave  school  at  an  early  age  to  go  to  work,  it  generally  hap- 
pens that  they  never  have  a  chance  to  make  up  the  loss  in 
training  and  are  thus  forced  to  drop  behind  more  fortunate 
children  who  have  no  more  native  ability.  Thus  literature 
and  art  may  be  shut  out  of  their  lives,  and  it  is  small  wonder 


The  Family  29 

that  after  they  grow  up  their  homes  show  the  effect  of  this 
deep  loss. 

Homes  which  are  tenement  workshops.  —  In  the  poorer 
quarters  of  our  great  cities  we  have  still  another  type  of 
home  —  the  factory  home  —  one  in  which  petty  industries 
of  various  kinds  are  carried  on  by  all  the  members  of  the 
family,  young  and  old.  Here  clothing  is  brought  from  the 
great  factories  to  be  finished,  lace  is  made,  some  kinds  of 
foodstuffs  prepared  for  market,  or  willow  plumes  are  tied. 
These  tenement  sweatshops,  as  they  are  called,  shut  out 
most  of  the  joy  and  culture  usually  associated  with  the  idea 
of  a  home.  Home,  to  the  members  of  such  a  family,  is  a 
sort  of  industrial  prison.  Usually  the  combined  wages  of  the 
family  are  so  low  that  they  must  eat,  sleep,  and  work  in  the 
same  room.  Their  inability  to  secure  nourishing  food,  fresh 
air,  and  rest,  develops  all  sorts  of  diseases  which  are  disas- 
trous to  the  workers  and  sometimes  spread  to  those  who 
purchase  the  products  of  their  labors. 

Here  again  the  community  suffers,  and  the  government 
sometimes  interferes  by  forbidding  the  labor  of  children 
under  a  certain  age,  by  prohibiting  home  work  save  under 
certain  conditions,  and  by  regulating  tenements. 

The  homes  of  negroes.  —  The  negro  families,  in  their  des- 
perate struggle  upward  from  slavery,  present  still  another 
type  of  family  problem,  and  to  them  the  government  owes 
a  special  duty.  For  centuries,  as  slaves,  they  were  accus- 
tomed to  have  no  property  of  their  o^\^l  and  to  receive  no 
wages  —  nothing  beyond  the  bare  necessities  of  life.  Find- 
ing that  hard  work  brought  no  reward,  they  naturally  did  as 
little  work  as  they  could  when  they  were  out  from  under 
the  eye  of  the  overseer.  When  the  slaves  were  freed  they 
could  not  throw  off  the  habits  of  centuries.  They  were 
ignorant ;  ^they  had  never  received  any  education,  save  in 
rare  instances ;  and  they  were  too  l)ewildered  to  know  what 
to  do  vvilh  themsclvco.     Accustomed   to  live   in   wretched 


30  American  Citizenship 

cabins  on  the  plantations,  the  worst  slums  of  the  cities 
seemed  not  unpleasant  by  comparison.  It  is  small  wonder 
that  they  so  frequently  fail  to  see  an  opportunity  when  it 
is  open  to  them,  and  fail  to  make  the  best  of  it  when  they 
try.  So  many  negro  mothers,  moreover,  must  work  outside 
their  homes  that  they  cannot,  if  they  would,  give  their  own 
children  the  care  and  attention  that  they  need,  or  that  they 
would  like  to  bestow  upon  them. 

Homes  of  the  "poor  whites  "  in  the  mountains.  —  Although 
we  have  spoken  of  families  in  industrial  cities  principally, 
it  must  not  be  imagined  that  the  families  in  rural  districts 
are  all  alike.  By  no  means.  There  is  all  the  difference  in 
the  world  between  the  family  life  of  the  prosperous  farmer 
who  lives  near  good  roads  and  railways  and  schools  and  of  the 
struggling  farmer  out  of  the  way  on  rocky  or  muddy  or  moun- 
tain roads  where  the  stream  of  travel,  the  telephone  and  rural 
delivery,  never  penetrate.  There  are  thousands  of  families, 
particularly  in  the  mountain  regions,  who  live  in  rude  shanties, 
from  "  hand  to  mouth,"  without  comforts,  without  educa- 
tion, and  without  any  of  the  modern  refinements. 

New  public  duties  to  the  home.  —  The  governments  of  our 
states  are  coming  more  and  more  to  recognize  also  how  great 
is  the  duty  which  the  more  enlightened  parts  of  the  com- 
munity owe  to  the  backward  parts  in  rural  districts.  Schools 
are  being  pushed  away  up  into  the  mountain  regions  ;  travel- 
ing libraries  are  being  sent  about ;  roads  are  being  built ;  and 
mail  is  being  carried  to  those  who  were,  a  few  years  ago, 
altogether  out  of  touch  with  the  big  world.  Public  and 
private  aid  is  being  given  to  negroes  to  help  them  in  becoming 
more  intelligent  and  industrious  citizens.  Of  this  work  we 
shall  say  more  later. 

The  home  and  government.  —  We  have  shown  that  the 
home  has  a  vital  connection  with  government,  and  that  it 
must,  of  necessity,  be  considered  in  a  work  on  civics.  We 
have  shown  how  great  is  the  fallacy  that   all   homes   are 


Coiirti  ^1/  ti]  A  ittlonal  Child  Labor  <  ummillee. 

A  Little  JNIothkh 


( 'uiirttsy  (>!  Saiiotial  (  ftild  Labor  (  ummitttt 

A  TIoME  Factory 


The  Family  31 

"  typically  American,"  whatever  that  may  mean,  and  also 
how  great  is  the  fallacy  that  the  home  life  may  be  kept 
pure  and  ideal  regardless  of  the  kind  of  government  which 
is  maintained,  or  regardless  of  the  ways  of  earning  a  liveli- 
hood which  the  community  offers  to  the  members  of  the 
family. 

The  rights  and  duties  of  parents  and  children  under  the 
law.  — ■  It  is  not  only  in  connection  with  earning  a  liveli- 
hood and  securing  an  education  that  the  community  and  the 
government  come  into  touch  with  the  home.  The  govern- 
ment is  interfering  more  and  more  with  the  powers  and 
rights  of  husbands,  wives,  parents,  and  children  in  the  homes. 
Under  the  common  law,  which  prevailed  in  the  old  days  in 
England  and  in  many  respects  in  the  United  States  at  the 
begimiing  of  our  independence,  the  very  being  or  legal  exist- 
ence of  the  woman  was  suspended  during  marriage,  or  at  least 
was  incorporated  and  consolidated  into  that  of  the  husband. 
When  the  woman  married,  all  of  her  personal  property  — 
clothes,  jewels,  furniture,  and  the  like,  became  her  husband's 
property  absolutely,  and  he  secured  the  right  to  manage  her 
lands  as  he  pleased  in  his  own  behalf.  Married  women 
could  not  make  contracts,  and  thus  could  not  engage  in  busi- 
ness for  themselves.  The  husband  could  beat  his  wife,  at 
least  moderately,  without  public  interference,  and  his  word 
was  law  for  the  children  under  age.  Divorces  for  brutality, 
drunkenness,  crime,  desertion,  and  such  causes  were  not 
allowed.  The  idea  of  giving  women  generally  an  education 
at  public  expense  was  deemed  absurd,  and  the  thought  that 
women  would  ever  have  any  share  in  making  the  laws 
through  the  acquisition  of  the  right  to  vote  was  deemed 
preposterous  beyond  measure.  The  system  of  subjection  is 
the  one  which  prevails  in  China  still. 

New  rights  which  the  law  gives  to  women. — The  old  law 
concerning  the  power  of  the  father  has  been  severely  modi- 
fied in  our  country,  though  remnants  of  the  former  domin- 


32  American  Citizenship 

ion  still  exist  in  a  few  states,  and  the  principle  of  woman 
suffrage  is  not  universally  accepted.  Married  women  are 
now  given  the  right  to  own  and  manage  their  own  property ; 
they  may  make  contracts  and  deeds ;  they  may  engage  in 
business  and  the  professions.  Girls  are  educated  in  public 
schools  even  longer  than  the  boys  on  the  whole,  and  they 
are  taught  history  and  science  and  civics  and  other  subjects 
that  were  once  supposed  to  be  mysteries  which  the  mascu- 
line mind  alone  could  grasp.  In  nine  states  women  vote  in 
all  elections  just  as  the  men  do ;  Illinois  allows  them  to  vote 
for  local  officers  and  for  President ;  in  a  majority  of  states 
they  take  part  in  local  and  school  elections ;  and  in  nearly 
all  of  the  states  there  is  a  strong  demand  for  complete  equal 
suffrage.  The  granting  of  divorces  has  been  made  easier  — 
too  easy,  many  contend ;  and  in  many  other  ways  the  family 
life  has  been  touched  b}^  law,  particularly  in  the  direction  of 
greater  equality  between  men  and  women. 

How  the  law  goes  into  the  home.  - —  The  law  goes  immediately 
into  the  home.  In  some  states  it  seeks  to  prevent  diseased 
persons  from  marrying  and,  in  others,  it  permits  the  taking 
of  children  away  from  parents  who  treat  them  in  a  cruel 
manner  or  do  not  provide  decently  for  them.  Compul- 
sory education  forces  parents  to  give  their  children  some 
training  at  least.  Children  must  support  their  aged  parents 
if  they  are  able.  The  separation  of  husband  and  wife  may 
follow  brutality  and  drunkenness  and  non-support.  Parents 
are  usually  equal  guardians  of  their  children.  Thus  the 
government  is  attempting  to  lay  the  foundation  for  a  reason- 
able and  refined  family  life  by  providing  that  women  shall 
be  educated  as  well  as  the  men,  and  that  intelligent  coopera- 
tion and  the  mutual  respect  of  husband  and  wife  shall  be  the 
basis  of  the  family.  The  family  bond  which  rested  on  the 
mere  power  of  the  father  is  loosened,  and  the  community  is 
striving  to  make  a  more  secure  bond  by  placing  it  on  that 
right  conduct  which  is  the  foundation  of  good  citizenship. 


The  Family  33 


Questions 

1.  How  does  the  government  touch  the  home? 

2.  How  does  the  home  affect  society  ? 

3.  What  changes  have  taken  place  in  the  attitude  of  society 
toward  mothers  ?     Toward  children  ? 

4.  What  part  should  the  father  play  in  family  life  ?     How  does 
the  government  affect  the  part  he  can  play  ? 

5.  Why  is  the  family  income  an  important  matter  ? 

G.  What  makes  for  culture  or  refinement  in  family  life  ? 

7.  Why  are  there  so  many  kinds  of  families  in  the  United  States  ? 


Additional  Reading 

Wage-earning  Children  :  Kelley,  Some  Ethical  Gains  through 
Legislation,  pp.  3-43. 

Child-labor  :  Burch  and  Nearing,  Elements  of  Economics,  pp. 
104-107. 

The  Interstate  Aspect  of  Child  Labor  :    Kelley,  pp.  58-99. 

The  Relation  of  Leisure  to  Family  Life:    Kelley,  pp.  105-125. 

The  Relation  of  Unemployment  to  F'amily  Life  :  Burch  and 
Nearing,  pp.  109-111. 

The  Standard  of  Living:    Burch  and  Nearing,  pp.  31-444. 

Family  Life  in  Cities:  Beard,  American  City  Government,  pp. 
1-30. 

Family  Life  in  the  Country  ;  Gillette,  Constructive  Rural  Soci- 
ology, pp.  20-31. 


CHAPTER   IV 
CIVIL    LIBERTY 

I.    The  need  for  liberty. 
II.    Two  divisions  of  civil  liberty. 
III.    Civil  liberty :   its  history  and  meaning. 

1.  The  common  man  formerly  subject  to  arbitrary  government. 

2.  Civil  liberty  is  won  and  kept  only  by  heroic  struggles. 

3.  The  American  theory  about  civil  liberty  and  constitutions. 

IV.  Civil  liberty :   principles  laid  down  in  our  constitutions. 

1.  Certain  civil  rights  which  Congress  cannot  take  away. 

2.  Certain  civil  rights  which  the  federal  Constitution  requires 

the  states  to  uphold. 

3.  Civil  liberty  as  laid  down  in  state  constitutions. 

V.  Civil  liberty  :   personal  security. 

1.  New  notions   of   civil   liberty   require   more  work   of   the 
government. 
VI.    Civil  liberty  :   personal  freedom. 

1.  Freedom  of  speech,  assembly,  and  press. 

a.  Free  speech  may  be  interfered  with. 

b.  Police  permits  and  free  speech. 

c.  Civil  liberty  endangered  by  martial  law. 

d.  Civil  liberty  endangered  by  intolerance. 

e.  Freedom  of  thought  and  speech  is  a  very  precious  right. 
/.  Free  speech  does  not  give  the  right  to  slander  others. 

2.  Right  to  petition. 

a.  The  right  of  petition  was  won  onlj-  after  a  hard  struggle. 

3.  Religious  freedom. 

a.  Religious  persecutions  in  early  days. 

b.  Federal  government  and  religious  liberty. 

c.  State  constitutions  and  religious  freedom. 
Religious  tolerance  necessary  in  polities. 

^  to  proper  treatment  in  case  of  arrest. 
"  "ng  contest  for  a  fair  trial, 
.it  of  habeas  corpus. 

ri  34 


Civil  Liberty  35 

c.  Due  process  of  law  in  trials  of  persons  accused  of  crimes. 

d.  Grand  and  petit  juries. 

e.  Granting  bail. 

/.  The  work  of  the  prosecuting  attorney. 
g.  The  spirit  and  purpose  of  jury  trials. 
h.  Inequality  before  the  law. 
i.  How  some  inequalities  may  be  avoided. 
j.  Indeterminate  sentences. 

5.  The  rights  of  children. 

a.  The  trials  in  children's  courts. 

6.  The  new  spirit  of  liberty  for  all  persons. 


The  need  for  liberty.  —  We  have  thus  far  spoken  of  four 
prime  human  needs.in  their  relation  to  the  community  and 
government  —  food,  clothing,  shelter,  and  the  family  life. 
Now  we  have  come  to  another  need  which  is  not  absolutely 
indispensable  to  human  life  but  is  none  the  less  valued  by 
civilized  peoples  —  the  need  for  liberty  and  the  pursuit  of 
happiness.  Indeed,  so  great  has  been  the  passion  for  this 
human  right  that  men  and  women  have  been  willing  to  sur- 
render everything,  even  their  lives,  to  secure  it.  Men  and 
women  may  exist  without  having  any  share  in  the  govern- 
ment which  rules  them  or  without  enjoying  the  right  to  go 
and  come  at  will  or  to  be  free  from  arbitrary  governmental 
interference,  or  without  trial  by  jury  and  free  press  and  free 
speech  ;  but  there  is  no  doubt  a  very  vital  connection  in  our 
time  between  these  rights  and  the  nature  and  work  of  the 
government. 

Two  divisions  of  liberty  :  civil  and  political.  —  The  subject 
of  liberty  is  usually  divided  into  two  main  divisions :  civil 
and  political.  The  former  embraces  those  rights  which  are 
enjoyed  by  all  citizens  — the  right  to  free  press  and  speech, 
freedom  of  religious  worship,  property,  jury  trial,  and  the 
like.  Political  liberty,  or  the  right  to  vote  and  hold  office, 
is  confined  however  to  a  section  of  the  population.  Although 
the  two  are  thus  separable  in  theory  and  in  practice,  there  has 


36  American  Citizenship 

been  a  close  connection  between  them.  Civil  liberty  in  its 
widest  sense  has  been  secured  only  in  those  countries  where 
political  liberty  is  also  enjoyed,  and  men  of  all  Western 
countries  would  think  their  civil  liberty  seriously  endangered 
were  the  ballot  taken  from  them. 

Civil  liberty :  its  history  and  meaning.  —  To  understand 
what  civil  rights  and  civil  liberty  mean  and  how  essential 
they  are  to  every  one's  comfort  and  happiness,  we  must  look 
back  for  a  moment  to  the  time  when  the}^  were  denied  to  the 
common  people  like  ourselves.  In  former  times,  in  England, 
the  peasant  —  and  a  great  majority  of  the  people  were 
peasants  —  was  "  rightless  " ;  that  is,  very  much  in  the  same 
position  as  the  slave  was  in  the  United  States  before  the 
Civil  War.  He  could  call  no  property  his  own  absolutely ; 
he  could  not  marry  Avithout  the  consent  of  the  lord  on  whose 
land  he  lived  ;  he  was  tried  in  the  lord's  court,  if  he  committed 
an  offense;  he  could  not  leave  the  land,  for  he  was  bound 
there  by  the  law ;  and  when  he  died  his  children  had  to  pay 
heavily  for  securing  the  right  to  continue  in  the  old  home. 

The  common  man  formerly  subject  to  arbitrary  government.  — 
The  common  man  —  and  even  the  powerful  noble  sometimes 
—  was  not  secure  in  his  person  or  property.  He  had  to  pay 
any  amount  of  taxes  which  the  king  pleased  to  levy.  He 
might  be  thrown  into  prison,  tortured,  and  even  killed  without 
having  any  reason  given  or  without  enjoying  the  right  to  a 
public  trial  and  the  benefit  of  witnesses  in  his  behalf.  You 
have  seen  pictures  of  the  piliories  and  gloomy  dungeons  in 
which  kings  and  nobles  imprisoned  the  common  people  at 
will.  If  you  will  read  your  histories  again,  you  will  learn 
how  men  in  olden  times  had  their  noses  slit  and  their  ears  cut 
off  for  refusing  to  attend  the  church  which  the  king  and  ruling 
classes  maintained ;  how  money  was  \vrung  from  toiling 
peasants  and  merchants  to  support  idle  courtiers  in  luxury 
and  vice ;  how  the  poor  were  killed  in  needless  wars  without 
having  any  voice  at  all  in  saying  whether  there  should  be 


Civil  Liberty  37 

war;  and  how  men  were  burned  at  the  stake  for  teaching 
doctrines  contrary  to  those  accepted  by  the  rulers. 

Civil  liberty  is  won  and  kept  only  by  heroic  struggles.  —  As 
you  reahze  how  different  a  world  we  live  in  to-day,  although 
it  is  still  far  from  perfect  in  the  development  of  civil  liberty, 
you  must  understand  that  our  rights  were  only  won  for  us  by 
the  combined  efforts  of  intelligent  and  fearless  men  and 
women  who  demanded  that  better  laws  be  made  to  guarantee 
personal  rights  and  that  wiser  and  juster  governments  be 
established.  But  it  would  be  a  mistake  to  think  that  these 
rights  are  forever  fixed  simply  because  they  are  written  do^\Ti 
in  our  federal  and  state  constitutions.  They  depend,  in  fact, 
for  their  real  enforcement  upon  the  enlightened  opinion  of 
the  community,  upon  the  willingness  of  each  to  accord  to 
those  who  differ  from  him  the  privileges  which  he  demands 
for  himself,  upon  sentiments  of  humanity  and  reasonableness, 
upon  our  firnmess  in  upholding  liberty  as  we  are  given  to  see 
it.  To  use  a  homely  phrase,  civil  liberty  cannot  flourish 
save  where  there  is  a  fine  sense  of  fair  play. 

The  American  theory  about  civil  liberty  and  constitutions.  — 
In  the  United  States  the  theory  has  developed  that  the  great 
principles  of  civil  liberty  should  be  written  down  in  "  consti- 
tutions "  ;  that  is,  in  special  documents  describing  the  govern- 
ment and  its  powers,  which  cannot  be  very  readily  changed. 
We  have  a  Constitution  for  the  federal  government,  and  each 
state  has  its  own  constitution.  A  constitution  is  made  in  a 
special  manner,  by  a  solemn  convention  of  delegates  chosen 
by  the  voters,  and  may  be  changed  only  by  a  system  of  amend- 
ment which  requires  a  considerable  time  to  operate  (p.  97). 
The  idea  behind  this  is  that  certain  great  rights  of  life, 
liberty,  and  the  pursuit  of  happiness  should  not  be  changed 
easily,  but  only  after  thorough  discussion  and  careful  de- 
liberation. 

Principles  of  civil  liberty  laid  down  in  our  constitutions.  — 
Having  spoken  of  the  general  principles  of  civil  liberty,  let  us 


38  American  Citizenship 

consider  the  details.  If  you  would  find  the  written  words 
which  describe  our  civil  rights,  you  must  turn  to  our  federal 
and  state  constitutions.  The  federal  Constitution  mentions 
two  classes  of  civil  rights  :  (a)  those  which  the  federal  govern- 
ment itself  cannot  take  away  or  deny,  and  (6)  those  which 
the  state  governments  cannot  take  away  or  deny.  The 
state  constitution  enumerates  those  rights  which  the  state 
government  cannot  take  away  or  deny.  It  is  absolutely 
necessary  for  us  to  keep  very  clearly  in  mind  these  two 
sources  of  civil  liberty,  for  more  confusion  exists  on  this 
subject  than  on  almost  any  other  matter  concerning 
government. 

Certain  civil  rights  which  Congress  cannot  take  away.  — 
Those  rights  of  freedom  of  press,  speech,  and  religious  worship 
so  often  mentioned  as  being  guaranteed  to  all  by  the  federal 
Constitution,  are,  in  fact,  only  guaranteed  to  us  against 
the  federal  Congress  itself  (p.  38).  The  federal  Constitu- 
tion does  not  require  the  state  to  give  these  three  rights  to 
its  citizens,  and  the  federal  government  cannot  interfere  if  the 
state  denies  or  abridges  them.  The  federal  Constitution  also 
declares  that  persons  tried  in  federal  courts  shall  have  the 
right  to  indictment  by  a  grand  jury  and  to  trial  by  jury,  that 
the  federal  officers  shall  not  quarter  soldiers  in  the  homes  of 
the  people,  that  the  federal  officers  shall  not  enter  private 
houses  to  make  unreasonable  searches  and  seizures,  and  that 
federal  judges  shall  not  impose  excessive  fines  and  cruel  and 
unusual  punishments. 

Certain  civil  rights  which  the  federal  Constitution  requires 
the  states  to  uphold.  —  In  addition  to  guaranteeing  us  specific 
rights  against  the  federal  government,  the  federal  Constitu- 
tion also  lays  down  certain  principles  upon  which  the  state 
governments  shall  not  trespass  (pp.  316,  323).  The  most 
important  of  these  principles  are  enunciated  in  the  Four- 
teenth Amendment,  which  says  that  "no  state  shall  make  or 
enforce  any  law  which  shall  abridge  the  privileges  or  immu- 


Civil  Liberty  39 

nities  of  citizens  of  the  United  States ;  nor  shall  any  state 
deprive  any  person  of  life,  liberty,  or  property  without  due 
process  of  law ;  nor  deny  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  laws."  This  is  of  course  a  very 
general  statement,  and  its  meaning  depends  almost  entirely 
on  the  way  in  which  the  Supreme  Court  of  the  United  States 
interprets  it.  Of  this  we  shall  speak  more  at  length  below 
(p.  48). 

Civil  liberty  as  laid  down  in  state  constitutions.  —  It  is,  how- 
ever, mainly  the  state  constitution  and  state  government 
to  which  the  citizen  must  look  for  the  source  of  his  civil 
rights.  Some  state  constitutions  go  farther  along  this  line 
than  others ;  but  the  rights  which  are  commonly  enjoyed  in 
ordinary  daily  life  fall  under  three  heads :  (1)  those  which 
relate  to  personal  securit}^ ;  (2)  those  which  relate  to  personal 
liberty  ;  and  (3)  those  which  relate  to  the  personal  ownership 
and  enjoyment  of  property.  These  we  shall  examine  one  by 
one. 

Civil  liberty  :  personal  security.  —  By  personal  security 
we  mean  the  protection  of  life  and  health  and  body.  We  all 
claim  to-day  the  right  to  be  protected  from  burglars,  criminals, 
the  insane,  the  diseased,  from  dangerous  machinery,  speeding 
automobiles,  from  dynamite  and  other  explosives  carried 
through  the  streets,  and  from  offensive  nuisances,  in  order 
that  we  may  live.  We  cannot  individually  protect  our- 
selves from  all  these  things  which  imperil  life  and  disturb 
our  comfort,  because  it  would  take  all  of  our  time  to  be  on 
the  watchout  for  dangers.  We  therefore  demand  that  the 
government  see  to  these  things  for  us,  and  we  appropriate 
money  for  this  purpose  —  for  firemen,  policemen,  hospitals, 
public  inspectors,  and  street  cleaners.  We  say  that  a  govern- 
ment is  good  and  efficient  and  true  to  public  interest  just  in 
proportion  as  it  succeeds  in  protecting  the  lives  and  com- 
fort and  convenience  of  its  citizens  while  the}^  are  busy  with 
their  daily  occupations. 


40  American  Citizenship 

New  notions  of  personal  security  require  more  work  of  the 
government.  —  We  are  expecting  more  and  more  of  the  gov- 
ernment in  guaranteeing  personal  security.  We  demand  se- 
curity for  little  babies  by  requiring  city  boards  of  health  to 
guard  the  purity  of  the  milk  which  is  brought  from  the 
dairies.  Playgrounds  are  being  established  to  keep  young 
children  from  getting  hurt  in  the  streets  and  to  promote 
their  health  and  comfort.  People  who  live  in  the  country  are 
themselves  largely  responsible  if  they  do  not  have  fresh  air, 
pure  water  and  milk,  and  room  to  play ;  but  in  the  cities  we 
must  call  in  the  service  of  the  government  to  help  maintain 
the  securities  so  necessary  to  life.  Even  in  the  country,  health 
officers  are  needed  to  see  that  milk  is  clean  and  cattle  not 
diseased.  Elevators  in  high  buildings  are  inspected,  in  order 
to  prevent  accidents,  dangerous  machinery  in  factories  must 
be  safeguarded,  mines  must  be  ventilated  so  that  horrible 
explosions  may  not  occur,  water  supplies  must  be  purified, 
and  so  on  throughout  a  long  list  of  governmental  activities 
in  behalf  of  personal  security.  Much  of  the  work  that  is  done 
in  this  regard  is  crude  and  inadequate,  but  as  the  community 
grows  in  intelligence  it  demands  an  ever  wiser  and  ever 
more  efficient  service  from  the  government  in  the  work  of 
safeguarding  life  and  limb. 

Civil  liberty :  personal  liberty.  —  Personal  liberty  is  dif- 
ferent from  personal  security.  Personal  security  means 
simply  the  right  to  live  in  safety  and  comfort,  as  far  as  pos- 
sible ;  personal  liberty  means  the  right  to  do  things.  Some- 
times one  right  seems  very  much  like  the  other ;  you  may 
think  that  a  right  like  that  of  trial  by  jury  belongs  under 
both  heads,  and  there  is  some  reason  for  this  view. 

Personal  liberty  is  of  two  kinds,  but  in  this  chapter  we  shall 
only  discuss  the  first  kind,  which  includes  the  right  to  say 
what  one  wishes,  known  as  the  right  of  free  speech,  assembly, 
and  press ;  the  right  to  freedom  of  religious  worship ;  the 
right  to  petition  the  government  to  remedy  wrongs ;  and  the 


Civil  Liberty  41 

right  to  proper  treatment  by  the  poUce  and  the  courts  in  case 
of  arrest.  The  second  kind  of  personal  Hberty  has  to  do  with 
property  rights,  and  those  we  shall  take  up  in  the  next  chapter, 
because  they  are  important  enough  to  deserve  separate  treat- 
ment. 

Freedom  of  speech,  assembly,  and  press.  —  When  you  read  in 
the  papers  about  disturbances  in  Germany  or  Russia  you 
often  learn  that  men  are  arrested  and  imprisoned  or  fined  for 
saying  things  that  are  unpleasant  to  the  rulers.  In  the  United 
States,  however,  we  are  constantly  reading  and  hearing  the 
most  bitter  denunciation  of  our  public  officers,  and  very  fre- 
quently they  are  openly  charged  with  being  downright 
dishonest.  No  one  thinks  of  arresting  and  fining  a  citizen 
because  he  calls  a  mayor  ugly  names  or  declares  that  he 
should  be  put  out  of  office  because  he  is  a  wrongdoer.  In 
Russia  it  is  necessary  for  publishers  of  books  and  papers  to 
submit  them  to  official  censors  before  sending  them  out,  and 
often  books  and  papers  are  suppressed  altogether  because 
they  are  displeasing  to  the  government. 

(a)  Free  speech  may  be  interfered  with.  —  Americans  often 
boast  of  the  freedom  which  exists  in  this  country  as  if  it  were 
absolute ;  that  is,  as  if  there  never  were  any  interference  with 
speech,  meetings,  and  press.  This  is  not  altogether  true. 
Men  may  be  lawfully  arrested  for  making  speeches  which 
incite  others  to  riot  and  violence.  In  times  of  strikes  and 
disorders  it  is  hard  to  draw  the  line  between  speeches  and 
publications  which  are  "  legitimate  "  and  those  which  stir 
up  rioting.  It  is  difficult  for  the  leaders  of  working  men 
and  women  striking  for  higher  wages  and  better  hours 
to  keep  up  the  spirits  of  the  rank  and  file  without  dis- 
cussmg  their  grievances  and  wrongs  in  a  vigorous  manner, 
and  it  is  for  the  police  and  judges  to  say  when  they  have 
"  incited  to  violence."  Thus  local  and  state  officers  may 
easil}^,  and  often  do,  suppress  free  speech  and  press  under 
the  mere  guise  of  preventing  public  disorder. 


42  American  Citizenship 

(b)  Police  permits  and  free  speech.  —  There  is  another  way 
in  which  free  speech  and  assembly  may  be  interfered  with 
by  the  government.  In  to^vns  and  cities  many  meetings  are 
held  on  the  street  comers  and  in  the  parks,  and  large  crowds 
may  block  traffic  and  hinder  people  going  about  their  business. 
Moreover,  where  crowds  gather  on  the  streets  and  in  halls 
it  is  necessary  to  have  special  police  protection  to  prevent 
disturbances.  It  is  customary,  therefore,  to  require  speakers, 
particularly  in  the  streets,  to  obtain  police  permits.  While 
these  permits  are  generally  freely  given,  public  officers  who 
dislike  the  beliefs  of  the  applicants  may  very  easily  refuse 
permission  on  grounds  of  "  public  convenience"  and  in  fact 
often  do  so. 

(c)  Civil  liberty  endangered  by  "  martial  law."  —  There  is 
still  a  third  way  that  free  speech  may  be  disturbed.  In 
times  of  serious  troubles  "  martial  law  "  is  frequently  declared  ; 
that  is,  the  ordinary  government  is  set  aside  and  all  power 
put  into  the  hands  of  soldiers.  This  happened  in  1912  in 
one  of  the  states  during  a  strike  of  miners  when  labor  leaders 
were  shut  up  in  prison,  on  the  order  of  military  officers,  for 
making  speeches,  and  the  newspapers  published  for  the 
miners  were  seized  and  the  printing  presses  broken  up. 
The  United  States  Senate  sent  a  special  commission  of  its 
own  members  to  investigate  the  charges  of  violation  of  civil 
liberty  by  the  governor  and  other  officials.  It  is  therefore 
incorrect  to  say  that  freedom  of  press,  speech,  and  meeting 
is  absolute  and  cannot  be  interfered  with  by  the  government. 

(d)  Civil  liberty  endangered  by  intolerance.  —  There  is  yet 
a  fourth  way  in  which  this  great  right  may  be  infringed 
not  by  the  government,  but  by  mobs  un^villing  to  give  other 
people  the  right  to  expound  their  ideas.  Free  speech  and 
press  naturally  lead  to  a  general  criticism  of  everything  —  the 
government  and  its  officers,  the  schools,  churches,  family  life, 
the  rich  and  powerful.  Those  who  want  to  write  and  speak 
freely  themselves  very  frequently  do  not  want  to  give  the 


Civil  Liberty  43 

same  right  to  others  who  hold  different  opinions,  feefore  the 
Civil  War  those  who  criticized  slavery  even  in  the  North  were 
occasionally  beaten  and  their  meetings  were  often  broken  up 
by  their  enemies.  Sometimes  their  newspaper  presses  were 
seized  and  destroyed,  and  there  were  a  few  cases  in  which 
men  were  killed  for  advocating  that  great  reform.  Instances 
of  such  intolerance  are  not  wanting  in  our  day, 

(e)  Freedom  of  thought  and  speech  is  a  very  precious  right. 
—  Notwithstanding  the  abuses  often  connected  with  free  press, 
speech,  and  meeting,  this  is  one  of  our  most  valued  rights  and 
we  should  always  be  on  our  guard  against  denying  to  others 
the  right  we  claim  for  ourselves,  although  their  opinions  are 
distasteful  and  seem  very  dangerous  to  us.  We  can  only  im- 
prove our  morals,  our  government,  and  our  ways  of  living 
by  constant  examination  and  criticism.  The  very  essence 
of  democracy  is  government  by  public  opinion,  after  full  and 
free  discussion,  and  it  is  a  serious  thing  for  any  set  of  men 
and  women  to  decide  what  shall  be  said  on  all  occasions  by 
everybody  else.  On  the  other  hand,  while  claiming  freedom 
of  speech,  we  should  at  the  same  time  remember  that  that 
freedom  carries  with  it  the  obligation  to  show  the  proper 
respect  for  the  rights  and  opinions  of  others,  and  always  to 
present  our  own  views  with  a  due  regard  for  the  feelings 
of  others. 

(/)  Free  speech  does  not  give  the  right  to  slander  others.  — • 
It  is  particularly  unfair  for  any  one  to  attack  by  speech  or 
publication  the  character  of  another  with  evil  intent,  or  to 
endeavor  to  injure  another  by  false  and  evil  charges  and  slan- 
derous statements.  The  law  provides  that  any  person  who 
is  so  slandered  may  bring  suit  for  damages  to  his  character. 
For  example,  a  New  York  paper  not  long  ago  said  that  a 
prominent  and  respectable  woman  had  been  arrested  and 
imprisoned  for  stealing  when  there  was  not  a  word  of  truth 
in  the  statement.  The  woman  Ijrouglit  i-nit,  forced  the  paper 
to  retract  the  false  statement,  and  pay  heavy  damages  be- 


44  American  Citizenship 

sides.  There  are  also  laws  against  printing  fraudulent  ad- 
vertisements and  indecent  articles  which  might  corrupt  the 
morals  of  the  people.  Here,  too,  there  is  great  danger  of 
tyranny  on  the  part  of  the  government,  and  public  sentiment 
should  hold  the  public  officers  in  restraint. 

The  right  to  petition.  —  When  in  early  days  the  people  rep- 
resented in  the  English  Parliament  consented  to  be  taxed, 
they  won  in  return  the  right  to  petition  the  king  for  a  redress 
of  grievances.  This  old  right  has  grown  into  a  broad  general 
right  to  petition  the  government  on  any  subject  and  it 
is  particularly  precious  to  those  who  do  not  have  the  right 
to  vote,  because  it  is  the  only  waj^  they  can  make  their 
voices  heard  directly  in  the  government.  This  is  almost  the 
only  way  that  women,  outside  of  those  states  where  they 
enjoy  the  right  to  share  in  choosing  representatives  to  make 
laws  and  in  choosing  officers,  may  bring  their  views  on  taxa- 
tion, lawmaking,  and  other  matters  immediately  to  the 
attention  of  the  government.  This  right  is  also  precious  to 
minorities  who  may  protest  by  petition  against  the  action  of 
majorities  and  demand  a  recognition  of  their  claims. 

(a)  The  right  of  petition  was  won  only  after  a  hard 
struggle.  —  This  right  of  petition  seems  such  a  simple  and 
natural  one  and  is  so  widely  used  in  the  United  States  that  we 
are  apt  to  forget  that  it  was  a  long  age  before  the  common 
people  were  allow^ed  to  tell  the  government  their  grievances. 
You  may  have  read  how  in  England  men  were  formerly-  pub- 
licly Avhipped  at  the  cart  tail  or  imprisoned  for  daring  to 
suggest  by  petition  that  everything  was  not  correctly  and 
wisely  done  by  the  king  and  his  officers.  In  Russia  in  our 
day,  a  soldier  was  sentenced  to  prison  for  life  for  daring  to 
hand  the  Tsar  a  petition.  It  was  a  great  privilege  that  was 
won  therefore  when  the  right  of  petition  was  secured,  al- 
though it  does  not  seem  as  important  to  those  who  can  vote. 

Religious  freedom.  —  When  governments  were  first  es- 
tablished in  the  American  colonies,  there  was  a  great  variety 


Civil  Liberty  45 

of  religious  beliefs.  In  New  England  there  were  Puritans 
and  Congregationalists ;  in  New  York  the  Anglicans  and 
Dutch  Protestants  predominated ;  Pennsylvania  had  its 
Quakers,  Maryland  its  Catholics,  and  the  South  its  Anglicans 
and  Presbyterians.  Added  to  these  elements  were  some 
French  Huguenots.  It  was  obviously  impossible  for  any 
one  sect  in  the  midst  of  this  great  diversity  to  rule  all  the 
others ;  but  in  spite  of  the  fact  that  many  of  them  came  to 
America  to  secure  freedom  of  religious  worship,  there  was 
no  little  religious  persecution  at  first. 

(a)  Religious  persecutions  in  early  days.  —  Quakers  were 
driven  out  of  Massachusetts ;  Jews  were  discriminated 
against  by  law  in  New  York ;  the  established  Church  of  Eng- 
land ruled  with  a  high  hand  in  Virginia ;  and  in  South  Carolina 
the  Catholics  were  treated  harshly.  Many  of  these  religious 
discriminations  remained  long  after  the  establishment  of 
Independence,  and  indeed  some  relics  of  the  older  days  are 
still  to  be  found  in  the  laws  of  several  states. 

(6)  The  federal  government  and  religious  liberty.  —  When 
it  came,  however,  to  the  establishment  of  the  Constitution 
of  the  United  States  it  was  clearly  impossible  to  place  one  sect 
above  another,  even  if  any  one  had  thought  of  it ;  and  each 
sect,  anxious  for  its  own  rights,  was  willing  to  concede  similar 
rights  to  others.  Hence  it  came  about  that  Congress  was 
forbidden  by  the  first  amendment  to  the  Constitution  to  make 
any  law  respecting  the  establishment  of  religion  or  the  free 
exercise  thereof  (p.  321).  The  most  serious  religious  prob- 
lem which  the  federal  government  has  had  to  solve  was  that 
presented  by  the  Mormons  of  Utah.  They  claimed  that 
the  right  of  a  man  to  have  more  than  one  wife  was  a  part  of 
their  religious  liberty,  for  it  had  the  sanction  of  the  Old  Testa- 
ment. Other  citizens  claimed  that  this  custom  was  a  menace 
to  morals,  and  Congress  l)y  law  prohibited  polygamy.  The 
government  thus  interfered  with  what  was  claimed  to  be  a 
phase  of  religious  freedom,  but  it  did  so  on  the  ground  that 


46  American  Citizenship 

there  was  a  difference  between  religion  and  marriage  customs 
claiming  religious  sanction. 

(c)  State  constitutions  and  religious  freedom.  —  Our  state 
constitutions  now  follow  the  example  of  the  federal  Constitu- 
tion and  guarantee  religious  freedom  to  the  citizens  of  the 
respective  states.  Generally  speaking,  therefore,  we  now 
have  religious  freedom  in  the  United  States ;  that  is,  each 
person  may  belong  to  the  church  of  his  choice  or  to  no  church 
at  all ;  he  may  vote  and  hold  office  regardless  of  his  religious 
beliefs,,  although  in  a  few  states  those  who  do  not  believe  in 
God  are  excluded  from  officeholding ;  and  he  is  not  com- 
pelled to  pay  taxes  to  support  any  church. 

{d)  Religious  tolerance  necessary  in  politics.  —  Notwith- 
standing this  extensive  religious  toleration  and  freedom, 
religious  feeling  is  strong  in  the  United  States,  and  it  enters 
into  politics  more  or  less.  Often  the  Protestants  are  stirred 
up  because  the  Catholics  seem  to  enjoy  too  much  political 
influence  in  elections,  and  Catholics  sometimes  claim  that 
they  are  discriminated  against  in  appointments  to  public 
offices.  Appeals  are  frequently  made  in  elections  for  the 
voters  to  support  this  or  that  candidate  on  account  of  his 
church  affiliations.  All  the  sects  join  in  deploring  the 
growth  of  free  thought  or  infidelity,  and  in  some  cities  there  is 
more  or  less  antagonism  to  the  public  schools  on  the  ground 
that  no  religious  creeds  are  taught  there.  The  various  sects 
are  unable  to  agree  on  the  fundamentals  of  Christianity  which 
should  be  taught  in  the  schools,  and  the  Jews,  who  are  so 
numerous  in  the  great  cities,  do  not  want  any  religious  cere- 
monies savoring  of  Christianity  in  the  schools,  so  that  there  is 
little  possibility  of  any  sect  securing  entire  control  of  them. 
Moreover,  the  spirit  of  tolerance  and  fair  play  is  stronger  than 
ever  before,  and  is  nourished  by  all  right-minded  persons. 

The  right  to  'proper  treatment  in  case  of  arrest.  —  In  every 
community  there  are  persons  who  infringe  on  the  rights  of 
others  as  defined  by  law,  and  the  public  must  protect  itself 


Civil  Liberty  47 

against  the  dishonest  and  the  criminals.  Nevertheless,  those 
who  commit  crimes  have  their  rights  also,  and  it  is  very  im- 
portant that  they  should  be  carefully  safeguarded ;  for 
arbitrary  action  on  the  part  of  policemen  and  courts  may 
involve  any  person  too  seriously  for  a  trivial  offense.  The 
power  to  punish  others  is  a  dangerous  power,  and  fair  trials 
and  publicity  should  be  provided,  and  cruel  and  unjust  pun- 
ishment prevented. 

(a)  The  long  contest  for  a  fair  trial.  —  The  struggle  for  a 
fair  trial  dates  from  early  days  in  England,  before  our  country 
was  settled,  when  the  king's  officers  seized  at  pleasure  the 
persons  against  whom  they  had  a  grudge,  maltreated  them 
if  they  chose,  and  hanged  or  imprisoned  them  without  public 
trial.  It  was  a  common  custom  to  seize  persons  against 
whom  the  king  had  a  grievance  and  hold  them  in  prison  in- 
definitely. This  evil  practice  led  finally  to  the  establishment 
of  the  right  to  the  writ  of  habeas  corpus,  a  right  which  con- 
tributed so  much  to  human  liberty  that  it  was  put  into  our 
federal  Constitution  (p.  316)  and  our  state  constitutions,  and 
remains  one  of  the  most  valued  rights  to-day.  The  reason 
for  the  high  esteem  in  which  it  is  held  is  that  it  helps  to  pre- 
vent malicious  imprisonment  without  trial  and  without  in- 
forming the  prisoner  of  the  exact  charges  against  him. 

(6)  The  writ  of  habeas  corpus.  —  The  term  habeas  corpus 
comes  from  the  Latin  words  used  in  the  original  writ  as 
issued  by  the  courts  to  the  officer  holding  a  prisoner.  It 
means  "  you  shall  have  the  body,"  and  is  a  part  of  the  order 
directing  the  sheriff  or  jailer  to  bring  the  prisoner  before 
the  court  for  a  preliminary  examination.  This  writ  must 
be  issued  on  request  of  the  prisoner  or  his  attorney,  except 
in  times  of  rebellion  and  disorder  when  military  rule  is  in 
force.  When  a  person  secures  the  writ  of  habeas  corpus  he 
is  brought  before  a  judge,  and  if  on  inquiry  into  the  facts  of 
the  arrest  the  judge  thinks  the  prisoner  unlawfully  held,  he 
sets  him  free.     If,  however,  the  judge  finds  that  there  is 


48  American  Citizenship 

sufficient  reason  for  thinking  the  prisoner  guilty  of  the  charge, 
he  sends  him  back  to  jail,  or  lets  him  out  on  bail  if  satisfactory- 
security  can  be  found  as  a  guarantee  that  he  will  appear  at 
trial  when  the  day  comes.  This  examination  enables  every 
prisoner  to  know  at  once  why  he  is  held  and  prevents  officers 
from  keeping  people  in  prison  without  warrant. 

(c)  Due  process  of  law  in  trials  of  persons  accused  of 
crimes.  —  The  next  step  in  the  proper  treatment  of  an 
arrested  person  is  to  secure  "  due  process  of  law,"  for  the 
Constitution  of  the  United  States  guarantees  that  no  person 
shall  be  deprived  of  his  life  or  liberty  without  it  (below, 
p.  323).  Although  "  due  process  of  law  "  does  not  mean 
exactly  the  same  in  every  state,  it  always  includes  certain 
general  practices.  It  means  (1)  that  a  person  accused  of  a 
serious  offense  must  first  be  indicted  by  a  grand  jury  and  then 
tried  by  a  petit  jury ;  (2)  that  an  acquitted  person  shall  not  be 
tried  again  for  the  same  offense ;  (3)  that  no  person  shall 
be  compelled  to  testify  against  himself ;  (4)  that  the  accused 
must  be  brought  face  to  face  ^vith  the  witnesses  against  him, 
must  have  the  power  to  compel  witnesses  in  his  behalf  to 
come  into  court  to  testify,  and  shall  enjoy  the  right  to  have 
an  attorney  in  his  interest ;  (0)  and  that  excessive  bail  shall 
not  be  asked,  nor  excessive  fines  imposed,  nor  cruel  and 
unusual  punishment  inflicted. 

(d)  The  grand  and  petit  juries.  —  All  this  is  probably  easy 
to  understand  except  the  terms  "  grand  jury,"  "  petit  jury," 
and  "  bail."  A  grand  (or  big)  jury  is  sometimes  composed 
of  twenty-four  persons  (although  often  of  fewer),  while  the 
petit  (pronounced  "  petty,"  from  the  French  word  meaning 
"  little ")  jury  usually  has  only  twelve  members.  The 
grand  jury  examines  the  charges  against  a  prisoner,  and  if  a 
majority  of  the  members  believe  that  there  is  enough  evidence 
to  warrant  a  trial  of  the  accused,  a  "  bill  of  indictment  "  is 
found  against  him ;  and  the  case  is  then  tried  before  a  judge 
and  httle  jury.     The  little  jury  hears  evidence  for,  as  well 


Civil  Liberty  49 

as  against,  the  accused,  and  if  all  the  members  think  him 
guilty  of  the  crime  charged  they  return  a  verdict  of  guilty. 
In  some  states,  it  is  not  necessary  to  have  a  unanimous 
verdict  in  order  to  convict  for  a  small  offense. 

(e)  Granting  bail.  —  Bail  means  the  money  or  property  put 
up  as  a  guarantee  that  the  prisoner  will  not  run  away  if  he 
is  let  out  of  jail  after  his  arrest  and  allowed  to  remain  out 
until  he  is  tried  and  found  guilty  by  the  regular  court. ^ 
While  this  is  of  great  advantage  to  those  who  are  well-to-do 
or  have  friends  with  property,  the  poor  and  friendless  cannot 
enjoy  this  right,  and  often  innocent  persons  are  held  in  prison 
a  long  period  awaiting  trial,  to  their  great  loss  in  time  and 
wages.  In  some  places,  judges  are  adopting  the  practice 
of  letting  arrested  persons  out  on  parole  —  on  their  honor  — 
in  order  to  spare  them  the  sorrow  and  waste  of  time  of  lying 
in  jail  until  trial. 

(/)  The  work  of  the  prosecuting  attorney.  —  We  have 
said  that  for  serious  offenses  the  accused  must  be  indicted 
by  a  grand  jury.  In  minor  offenses,  of  course,  this  is  not 
necessary,  for  the  county  attorney  or  prosecutor  may  bring 
the  charges  in  such  cases,  and  in  cities  the  policeman  making 
the  arrest  brings  the  charges.  In  a  few  states,  California  for 
example,  the  grand  jury  may  be  done  away  with  even  in 
murder  cases,  and  the  charges  may  thus  be  brought  by  the 
prosecutor  without  the  delays  incident  to  tedious  hearings 
before  the  grand  jury.  In  large  cities  also  where  there  are 
so  many  crimes,  the  grand  jury  tends  to  become  a  mere  for- 
mal body  which  accepts  the  declarations  of  the  prosecutor 
as  to  the  guilt  of  the  accused  without  any  careful  examina- 
tion, and  does  not  press  any  cases  which  the  prosecutor  has 
not  already  suggested  and  prepared. 

(g)  The  spirit  and  purpose  of  jury  trials.  —  This  doing 
away  with  the  grand  jury  is  not  without  danger.  The  aim 
of  both  juries  is  to  draw  into  the  trial  of  accused  persons 

'  Bail  is  not  allowed  in  cases  of  murder. 


50  American  Citizenship 

citizens  who  are  not  officers  of  the  government,  who  are 
neighbors  of  the  accused,  and  who  are  not  sticklers  for  the 
petty  rules  of  the  law,  in  order  that  common  sense  and  common 
humanity  may  be  brought  into  the  indictment  and  trial 
of  criminals.  But  even  the  jury  is  not  without  its  draw- 
backs. If  the  jury  is  composed  of  persons  who  are  in  sym- 
pathy with  the  deeds  of  the  accused,  as  is  sometimes  the  case 
in  lawless  regions,  it  is  difficult  to  secure  conviction  when 
the  evidence  is  clear.  If  the  jury  is  composed  of  a  different 
class  of  persons  who  do  not  know  about  the  difficulties  and 
obstacles  in  the  way  of  the  accused  it  may  be  too  harsh  in 
its  judgment.  Moreover,  except  in  those  states  v/hich  have 
woman  suffrage,  the  actions  of  women  and  children  are 
judged  entirely  by  men.  This  is,  of  course,  an  ancient  cus- 
tom, but  in  our  time  many  women  are  objecting  to  this  one- 
sided arrangement,  and  they  claim  that  women  should  have 
at  least  some  voice  in  the  courts  where  they  are  tried.  In 
the  West,  therefore,  women  have  been  accepting  jury  duty 
cheerfully  and  they  have  been  called  upon  in  numerous 
instances   to   perform   it. 

(/i)  Inequality  before  the  law.  —  As  time  goes  on  we 
develop  new  notions  of  humanity  and  justice  in  trials  and  in 
the  treatment  of  prisoners,  and  discover  new  objections  to 
old  customs.  For  example,  we  speak  with  pride  of  "  equality 
before  the  law,"  which  means  that  the  same  penalty  shall  be 
imposed  for  the  same  offense  no  matter  by  whom  committed, 
whether  rich  or  poor,  workman  or  capitalist,  saloon  keeper 
or  clergyman.  But  it  does  not  require  much  intelligence 
to  discover  that  this  principle  is  not  realized  in  practice. 
The  poor  man  particularly  is  always  at  a  disadvantage,  for 
he  cannot  employ  skilled  la^vyers,  such  as  the  rich  can,  to 
outwit  and  baffle  the  judge  and  jury.  The  poor  man  cannot 
give  bail  when  he  is  arrested  and  must  remain  in  prison, 
whether  guilty  or  innocent,  until  trial.  Again,  if  a  fine  is 
imposed  for  an  offense,  the  rich  man  can  pay  it  without  any 


Civil  Liberty  51 

trouble,  while  the  poor  man  often  goes  to  jail  for  a  long  time. 
Though  we  do  not  have  imprisonment  for  debt  in  theory, 
we  do  in  fact,  because  the  poor  man  who  cannot  pay  his 
fine  to  the  government  in  money  must  pay  it  by  lying  in 
prison.  The  rich  man  may  appeal  to  the  higher  courts  if 
convicted  in  the  lower  court  and  drag  on  the  case  for  years, 
wearing  out  the  judges  and  prosecutors,  until  they  may  be 
glad  to  dismiss  the  matter  altogether. 

(i)  How  some  inequalities  may  be  avoided.  —  In  order 
that  the  poor  may  not  be  wholly  without  assistance,  courts 
appoint  attorneys  to  defend  them  when  they  are  arrested, 
but  the  payment  for  this  service  is  usually  small  and  the 
best  lawyers  generally  cannot  be  secured.  The  problem  of 
the  poor  man  and  bail  can  be  partially  solved  by  speeding 
up  the  courts  so  that  arrested  persons  need  not  stay  in  jail 
a  long  time  before  trial  and  by  extending  the  parole  system 
whereby  persons  accused  of  minor  offenses  may  be  let  out 
on  their  honor  or  on  the  pledge  of  a  friend  until  trial.  The 
problem  of  fines  and  the  poor  is  difficult,  but  there  are  deter- 
mined efforts  to  do  away  with  the  ci\iel  system  of  putting 
poor  men  in  jail  for  months  for  petty  offenses,  and  thus  depriv- 
ing them  and  their  families  of  their  wages  and  support  mean- 
time. An  Indianapolis  judge  recently  adopted  the  practice 
of  letting  persons  who  are  fined  in  his  court  pay  the  fine  in 
small  installments,  providing  they  pledge  their  honor.  He 
finds  by  experience  that  nearly  every  one  who  has  been  given 
this  privilege  keeps  his  pledge  sacredly  and  that  the  city  is 
saved  a  great  deal  of  money  in  the  cost  of  keeping  idle  pris- 
oners in  jail.  Another  inequality  arises  from  the  practice  of 
having  only  men  as  judges  over  all  cases  which  involve 
women  prisoners.  In  some  cities  this  is  being  rectified  by 
the  appointment  of  women  as  police  judges. 

(j)  Indeterminate  sentences.  —  The  rights  of  the  prisoner 
convicted  of  an  offense  are  now  receiving  more  attention 
than  ever.     A  few  states  have  abolished  the  death  sentence 


52  American  Citizenship 

for  murder.  Some  states  have  adopted  what  is  known  as 
the  indeterminate  sentence;  that  is,  the  convicted  man  is 
not  sent  to  prison  for  a  definite  term  of  years,  but  for  a  period 
ranging  between  certain  years,  and  he  is  let  out  early  if  his 
conduct  is  good,  and  may  remain  out  as  long  as  he  behaves 
himself.  Other  states  are  attempting  to  give  the  prisoners 
useful  work  to  do,  and  some  are  paying  the  men  wages  for 
the  benefit  of  their  families. 

The  rights  of  children.  —  You  may  not  know  that  children 
are  arrested  in  large  numbers,  especially  in  the  big  cities, 
but  this  is  unfortunately  true.  Not  many  years  ago  little 
children  were  treated  like  adults  in  the  courts,  throAMi  into 
jail  with  old  and  hardened  criminals  only  to  learn  more 
crimes,  and  sentenced  to  severe  punishments,  even  death. 
There  is  now  developing  a  new  theory  about  the  rights  of 
children  before  the  law.  Separate  courts,  known  as  juvenile 
courts,  for  the  trial  of  children's  cases,  are  springing  up  all 
over  the  country,  and  the  practice  of  throwing  children  into 
the  regular  prisons  is  being  abandoned. 

(a)  Trials  in  children's  courts.  — The  judge  in  the  juvenile 
court  is  expected  to  have  very  special  qualifications.  There 
is  no  jury  trial  in  this  court,  for  it  is  thought  better  to  intrust 
the  cases  of  children  to  an  intelligent  and  sympathetic  judge 
than  to  juries  made  up  of  persons  selected  by  chance.  Thus 
the  child  is  given  a  better  opportunity  to  state  his  case  and 
to  have  a  fair  hearing.  More  and  more,  the  trial  resolves 
itself  into  these  questions :  "  What  made  this  boy  or  girl  go 
\vTong?  What  kind  of  home  does  the  child  have?  Who 
will  be  responsible  for  his  future  good  conduct?  "  Prison 
sentences  are  rarely  imposed.  Children  are  let  out  on  pro- 
bation under  the  superintendence  of  probation  officers  who 
look  after  them,  or  of  "  big  brothers  "  or  "big  sisters,"  as 
they  are  called. 

The  new  spirit  of  liberty  for  all  persons.  —  If  we  study 
carefully  the  gro^vth  of  the  idea  of  human  rights,  we  find  that 


Civil  Liberty  53 

we  are  trying  to  write  into  the  law  an  ever  greater  respect 
and  regard  for  the  individual  person.  We  are  seeking  to  give 
him  a  better  chance  to  develop  his  own  life  in  the  way  he  sees 
fit  so  long  as  he  does  not  injure  his  neighbors ;  and  when  he 
goes  wrong  we  try  not  to  think  of  revenge  as  much  as  of 
repairing  the  wrong  and  restoring  the  wrongdoer  to  a  proper 
life.  It  is  the  deep  sense  of  fair  play,  and  of  regard  for  the 
rights  of  others,  which  makes  orderly  and  progressive  govern- 
ment possible.  This  we  should  cherish  even  as  we  prize  our 
own  rights,  for  he  who  attacks  the  personal  rights  of  others, 
rather  than  enlarges  them,  paves  the  way  for  the  destruction 
of  his  own. 


Questions 

1.  What  are  the  recognized  forms  of  civil  liberty  ? 

2.  What  are  some  of  the  limits  to  free  speech,  if  there  be  such  ? 

3.  Why  is  it  desirable  to  have  a  free  press  ? 

4.  What  is  meant   by  the    terms    grand  jury,  petit  jury,  bail, 
due  process  of  law,  habeas  corpus,  probation,  parole,  libel  ? 

5.  What  is  the  purpose  of  a  juvenile  court  ? 

6.  What  is  the  relation  between  food,  clothing,  shelter,  family 
needs,  and  civil  liberty  ? 

7.  When  can  a  jury  be  said  to  be  impartial  ? 

8.  Why  is  equality  of  rich  and  poor  before  the  law  difficult  ? 


Additional  Reading 

The  Rights  and  Immunities  of  Citizenship  :    Kaye,  Readings  in 

Civil  Government,  pp.  94-110. 
Jury  Trials:    Beard,  American  Government  and  Politics,  pp.  87, 

448,  549,  564,  572. 
Freedom  of  Speech  :  Bryce,  The  Americaii  Commonwealth,  Vol.  II, 

p.  a.-is. 

Religion  in  the  United  States  :   Bryce,  Vol.  II,  pp.  763-794. 


CHAPTER  V 
PROPERTY    RIGHTS 

I.  Safeguarding  property  rights  by  constitutions. 

1.  Four  rules  designed  to  secure  the  rights  of  property  owners. 

2.  Additional  ways  in  which  the  federal  Constitution  protects 

property. 

3.  Indirect  way  of  taking  private  property  by  the  government. 

4.  The  property  owner's  right  to  protection. 

II.  How  property  rights  change  from  age  to  age. 

1.  Property  rights  in  slaves. 

2.  Married  women's  property  rights. 

3.  Changes  in  notions  about  public  property. 

III.  What  shall  be  public  property  ? 

1.  Our  state  and  national  governments  are  now  large  property 

owners. 

2.  The  federal  government  as  a  business  manager. 

IV.  How  the  use  of  private  property  is  limited. 
V.    The  rights  of  property  in  labor. 

1.  Interference  -mth.  freedom  to  labor  as  one  pleases. 

2.  How  the  government  is  involved  in  labor  unions. 

3.  Government  regulation  of  the  rights  of  labor. 
VI.    General  tendencies  in  property  rights. 


Safeguarding  property  rights  by  constitutions.  —  Although 
we  speak  of  property  rights  as  distinct  from  human  rights, 
they  are  not  so  in  fact.  A  property  right  is  a  human  right 
to  use  and  enjoy  material  things  necessary  to  life  —  houses, 
clothes,  food,  land,  wages,  and  so  on.  Property  rights  also 
have  to  do  with  ways  of  securing  food,  clothing,  and  shelter. 
They  underlie  all  other  rights,  for  without  property  of  some 
kind  one  cannot  live  at  all.  Property  rights  are,  therefore, 
sacred  rights  in  all  times  and  places.     It  is  plain  that  if  rights 

54 


Property  Rights  55 

in  property  were  not  defined,  respected,  and  enforced,  that 
if  no  one  could  call  anything  his  own,  and  every  one  were 
permitted  to  grab  all  he  could  and  keep  everything  he  could 
get  his  hands  on,  life  would  be  a  perpetual  scramble  and 
no  person  would  be  safe.  But  the  kinds  of  property  rights 
and  the  ways  in  which  property  may  be  used,  vary  greatly 
from  age  to  age. 

Four  rules  designed  to  secure  the  rights  of  property  owners. 
—  To  safeguard  property  rights  certain  principles  are  laid 
down  in  our  state  and  federal  constitutions.  These  are  in 
general  as  follows :  (1)  private  property  may  not  be  taken 
from  one  person  by  the  government  and  given  to  another ; 
(2)  private  property  cannot  be  taken  directly  by  the  govern- 
ment without  paying  the  owner  a  reasonable  price  ;  (3)  when 
private  property  is  taken  from  a  person,  due  process  of  law 
must  be  followed ;  that  is,  the  owner  shall  have  a  right  to 
protest  or  state  his  views  on  the  matter  and  the  value  shall 
be  fairly  appraised ;  (4)  the  use  of  lawful  property  cannot 
be  restricted  in  such  a  way  as  to  destroy  or  seriously  reduce  its 
value  to  the  ov*iier. 

Additional  ivays  in  ivhich  the  federal  Constitution  protects 
property.  —  The  federal  Constitution  contains  these  provi- 
sions about  property,  and  some  others  in  addition.  It  says 
that  no  state  shall  impair  the  obligation  of  contract.  This 
is  a  very  technical  matter  which  is  hard  to  understand ;  but 
it  is  important,  particularly  in  one  aspect.  It  prevents 
a  state  government  from  destroying  a  charter  or  a  franchise 
granted  to  a  company  or  corporation,  luiless  the  right  to  repeal 
or  abridge  has  been  specially  reserved  by  the  state.  Many 
charters  and  rights  granted  in  early  days  by  the  states  are 
perpetual  because  no  reservation  of  the  right  to  repeal  was 
made.  The  federal  Constitution  also  says  that  no  state 
shall  emit  bills  of  credit ;  that  is,  make  paper  money.  This 
clause  grew  out  of  the  early  practice  of  the  states  in  issuing 
such  large  quantities  of  paper  money  that  no  person  could 


56  American  Citizenship 

ever  be  sure  what  the  value  of  a  dollar  was.  For  example, 
during  the  Revolution,  a  pound  of  brown  sugar  in  Virginia 
was  worth  eleven  dollars  and  a  yard  of  linen  seventy-J5ve 
dollars.  The  utmost  confusion  reigned  until  this  clause 
was  put  into  effect  with  the  adoption  of  our  Constitution 
so  that  a  uniform  monetary  system  might  be  established. 

Indirect  way  of  taking  private  'property  by  the  government. 
—  There  is,  however,  an  indirect  way  in  which  the  state  or 
national  government  may  take  private  property  without 
paying  for  it ;  that  is,  by  taxation  —  income  and  inheritance 
taxes,  taxes  on  land,  customs  duties,  and  the  like  that  are 
used  for  the  support  of  the  government  and  for  the  promo- 
tion of  public  welfare.  Indeed,  there  are  many  people  who 
hold  that  there  should  be  heavy  inheritance  and  income 
taxes  for  the  purpose  of  helping  to  equalize  the  rich  and  poor. 
This  means  that  a  great  deal  should  be  taken  from  the  rich 
and  used  for  the  general  welfare  —  for  schools,  parks,  roads, 
hospitals,  and  other  public  institutions.  In  fact,  we  now 
have  a  federal  income  tax,  and  many  states  have  inheritance 
and  income  taxes,  but  they  are  designed  to  raise  revenues 
rather  than  to  equalize  wealth. 

The  property  owner's  right  to  protection.  —  In  addition  to 
the  constitutional  safeguards  against  government  interfer- 
ence with  property  rights,  there  are  certain  rights  of  pro- 
tection which  the  possessors  of  property  have.  They  enjoy 
protection  from  thieves  and  burglars  by  the  agents  of  the 
government,  —  the  police.  They  enjoy  fire  protection  in 
the  cities,  for  the  fire  departments  do  not  charge  the  citizen 
directly  for  putting  out  a  fire  in  his  house  or  place  of  business. 
They  enjoy  protection  against  other  persons  who  would 
maintain  nuisances  near  by,  such  as  slaughter  houses.  They 
enjoy  the  right  to  go  into  the  courts  and  sue  for  the  recovery 
of  property  unlawfully  taken  from  them  or  to  secure  prop- 
erty which  is  unlawfully  withheld  from  them. 

These  are  the  most  important  rights  of  property  in  the 


Property  Rights  57 

strict  sense ;  but  this  does  not  mean  that  an  owner  of  prop- 
erty may  do  exactly  as  he  pleases  with  his  own  possessions 
or  that  great  changes  are  not  being  made  in  the  rights  of 
property. 

How  property  rights  change  from  age  to  age.  —  Indeed, 
the  ways  in  which  people  may  acquire  property  and  the  ways 
in  which  they  may  use  what  they  have  acquired  have  changed 
wonderfully  during  the  course  of  human  events,  just  as  have 
the  personal  rights  which  we  described  above.  In  England, 
for  example,  a  long  time  ago,  all  the  land  was  owned  by  the 
king,  and  every  inch  of  it  was  held  from  him.  The  great 
lords,  to  whom  he  intrusted  the  land,  sublet  it  to  small  lords, 
and  they  in  turn  had  under  them  serfs  who  were,  as  we  have 
seen,  rightless.  The  poor  peasant,  save  in  rare  cases,  could 
not  get  possession  of  a  piece  of  land  to  call  his  own,  and  even 
to-day  England  is  owned  principally  by  great  landlords, 
whose  ancestors  shook  off  the  kings'  ownership  of  the  land 
and  acquired  an  absolute  right  to  it.  In  time,  however, 
it  became  possible  for  any  person  with  money  to  buy  a  piece 
of  land  and  call  it  his  own. 

Property  rights  in  slaves.  —  In  our  own  country  there  have 
been  many  changes  in  notions  about  property  rights.  For 
example,  colored  people  were  once  considered  as  private 
property,  and  slave  o"miers  had  a  constitutional  right  to  use 
this  human  property  in  their  own  way  —  to  buy  and  sell 
men  and  women  and  children  and  take  from  them  the  results 
of  their  labors.  It  took  the  Civil  War  to  destroy  this  notion 
about  property  rights,  and  now  we  have  written  in  the  Con- 
stitution that  neither  slavery  nor  involuntary  servitude  shall 
exist  in  the  United  States. 

Married  women's  property  rights.  —  As  we  have  seen,  also, 
married  women  formerly  had  no  property  rights,  but  were 
subject  in  all  such  matters  to  their  husbands  (p.  31).  If 
the  woman  worked  for  wages,  her  husband  could  go  to  her 
employer  and  collect  her  earnings  and  spend  them  as   he 


58  American  Citizenship 

pleased,  just  as  the  slave  owner  could  take  the  product 
from  his  black  servants.  But  this  right  of  the  married 
man  over  his  wife's  property  has  been  destroyed  in  nearly 
every  state,  and  women  are  put  on  an  equality  with  their 
husbands  in  such  matters. 

Changes  in  notions  about  public  property.  —  Just  as  we 
have  said  that  no  human  being  shall  be  the  property  of  an- 
other, so  we  are  coming  to  believe  that  many  kinds  of  prop- 
erty shall  not  belong  to  any  private  person  or  corporation. 
The  high  roads,  for  example,  were  once  nearly  all  privately 
owned,  and  every  few  miles  a  driver  would  have  to  stop  and 
pay  toll  to  the  o\Mier  of  the  particular  section  of  the  road 
over  which  he  was  driving.  At  length,  the  majority  of  the 
people  who  did  not  own  stock  in  roads  found  this  a  great 
burden  and  a  nuisance,  and  the  government  bought  the  high- 
w^ays  and  threw  them  open  to  the  public,  placing  the  cost 
of  maintenance  on  the  taxpayer.  Similarly  in  to^\^ls,  the 
inhabitants  once  supplied  themselves  with  water  from  their 
o^vn  wells,  until  in  many  cases  the  government  stepped  in 
and  made  the  water  supply  a  public  institution,  owned  by 
the  city  or  by  a  private  corporation  under  city  supervision. 

What  shall  be  public  property?  —  This  leads  us  to  one  of 
the  greatest  of  all  modern  questions  in  civics  :  "  What  kinds 
of  property  that  are  now  privately  owned  shall  be  turned 
into  public  property?  "  Many  cities  have  decided  that  they 
should  themselves  own  and  operate  their  gas,  electric  light, 
and  water  works ;  a  few  cities  have  public  street  railway's 
which  they  themselves  own;  and  there  is  a  large  bod}-  of 
citizens  who  believe  that  all  such  municipal  services  should 
belong  to  the  government  or,  rather,  the  people  of  the  city, 
and  that  they  should  be  run  at  cost  or  for  profits  to  be  turned 
into  the  public  treasury.  There  are  others,  including  the 
Postmaster-General  of  the  United  States,  who  hold  that  the 
railways  should  belong  to  the  government  as  they  do  in 
Germany,  and  the  socialists  msist  that  all  land  and  factories 


Property  Rights  59 

and  instruments  of  production  on  a  large  scale  should  be- 
come public  property  so  that  no  private  person  could  derive 
revenues  simply  from  "  owning  "  property. 

Our  state  and  national  governments  are  now  large  property 
owners.  —  A  very  practical  question  with  regard  to  public 
ownership  is  raised  in  connection  with  the  large  quantities 
of  lands,  forests,  waterfalls,  and  mineral  resources  now  held 
by  the  state  and  federal  governments.  For  a  long  time  it 
was  the  policy  of  these  governments  to  give  this  property 
to  private  persons  or  sell  it  to  them  at  a  low  price ;  but  now 
there  is  an  increasing  number  of  citizens  who  oppose  selling 
such  pubUc  property.  They  believe  that  the  governments 
should  continue  to  hold  all  they  now  own  and  add  to  it  by 
purchase.  In  order  that  this  property  may  be  put  to  good 
uses,  they  would  have  the  governments  manage  it  them- 
selves, or  rent  it  out  for  terms  of  years  to  private  persons 
and  companies  at  profitable  rates. 

The  federal  government  as  a  business  manager.  —  Indeed, 
the  federal  government  is  now  a  property  manager  on  a 
large  scale.  It  holds  more  than  100,000  square  miles  of  land 
—  an  area  larger  than  that  of  Wisconsin  and  Illinois  put 
together.  The  forest  land  is  watched  over  by  rangers  ap- 
pointed by  the  government.  Timber  is  sold  to  private 
persons  at  a  fixed  price,  and  new  trees  are  being  planted  to 
keep  up  the  supply.  The  government  also  allows  lumber- 
men, cattle  rangers,  and  other  private  persons  to  use  public 
lands  under  proper  regulation  and  for  reasonable  pay.  The 
government  also  owns  immense  areas  of  arid  land,  and  these 
it  is  making  ready  for  cultivation  by  great  public  irrigation 
plants.  Provisions  are  made  for  leasing  waterfalls  to  pri- 
vate companies,  and  it  appears  that  a  new  policy  with 
regard  to  public  property  will  be  adopted  in  the  treatment 
of  the  resources  of  Alaska. 

How  the  use  of  private  property  is  limited.  — While  our 
notions  about  what  ought  to  be  public  and  what  private 


6o  American  Citizenship 

property  change  from  time  to  time,  our  ideas  about  the  way 
in  which  private  persons  may  use  their  own  property  are 
changing  even  more  rapidly.  We  are  prescribing  by  law 
how  houses  shall  be  built  and  managed  in  cities,  how  factories 
shall  be  ventilated,  how  dairies  shall  be  conducted  in  the 
country  in  order  to  guarantee  pure  milk,  how  railways  shall 
be  operated,  and  what  rates  they  shall  charge  for  their 
services.  It  is  particularly  in  regard  to  what  are  called 
"  public  service  corporations  "  that  the  idea  of  regulation 
of  property  has  advanced  most  rapidly.  Some  states  have 
gone  so  far  as  to  make  a  public  valuation  of  the  railways 
within  their  borders  and,  having  put  a  value  on  the  prop- 
erty, they  decide  what  the  owners  may  charge  for  freight  and 
passengers.  Even  the  federal  government  is  now  making 
such  a  valuation  for  all  the  railways  engaged  in  interstate 
traffic. 

The  rights  of  property  in  labor.  —  One  of  the  most  impor- 
tant aspects  of  property  is  the  right  of  working  men  and 
women  to  dispose  of  their  labor  power,  which  is  usually  the 
only  property  they  possess  that  is  of  much  consequence. 
The  courts  generally  hold  that  the  workingman's  ability  to 
labor  is  his  peculiar  property,  to  be  disposed  of  as  he  sees 
fit.  This  is  known  as  ''  freedom  of  contract  "  —  the  right 
to  work  for  whom  one  pleases,  as  many  hours  a  day  as  one 
pleases,  and  for  what  wages  one  is  willing  to  accept.  For  a 
long  time  it  was  maintained  that  no  one,  not  even  the  govern- 
ment, had  the  power  to  interfere  with  this  right  of  working 
men  and  women  to  sell  their  labor  as  they  pleased. 

Interference  with  freedom  to  labor  as  one  pleases.  —  Within 
recent  years,  however,  there  has  been  a  tendency  to  restrict 
this  right  in  two  ways,  both  of  which  involve  the  govern- 
ment. Thousands  of  working  people  are  saying  that  if  a 
workingman  sells  his  labor  at  too  low  a  price,  he  injures  his 
family  and  the  families  of  other  people  because  he  takes  a 
job  at  a  wage  lower  than  any  person  can  bring  up  a  family 


Property  Rights  6i 

decently  on.  They  say  that  the  single,  unaided  laborer  is 
not  in  a  fair  position  to  bargain  with  well-to-do  employers, 
because  he  must  have  work  or  starve,  while  the  latter  can 
wait  indefinitely  without  suffering  want.  On  these  prin- 
ciples, trade  unions  are  organized  for  the  purpose  of  shorten- 
ing the  hours  of  work  and  increasing  wages;  that  is,  for 
protecting  and  increasing  property  rights  in  labor. 

How  the  government  is  involved  in  labor  unions.  —  But  it 
may  be  said  that  labor  organization  is  a  private  matter 
with  which  the  government  cannot  interfere.  On  second 
thought,  however,  you  will  discover  a  connection  between 
the  government  and  trade  unions.  In  the  first  place,  the 
right  to  form  trade  unions  at  all  is  a  legal  right  which  has 
been  won  by  long  struggles  against  laws  which  branded  such 
societies  as  conspiracies,  and  punished  those  connected  with 
them.  In  the  next  place,  the  right  to  "  picket  " — that  is, 
to  set  guards  about  factories  where  strikes  are  conducted 
to  warn  those  who  come  to  take  the  jobs  of  the  strikers  — 
is  a  right  which  strikers  enjoy  only  with  the  consent  of  the 
state  government.  In  the  third  place,  the  courts  may,  by 
an  order  known  as  an  ''  injunction,"  forbid  strikers  to  engage 
in  this  or  that  practice  and  may  throw  those  who  disobey 
into  jail.     This  contest  over  the  sale  of  labor  is,  in  fact,  a 

itest  over  the  very  essence  of  property,  that  is,  income, 
ana  the  attitude  of  the  government  toward  the  matter  is 
of  the  utmost  importance. 

Government  regulatio7i  of  the  rights  of  labor.  —  In  addition 
to  laws  about  trade  unions  and  strikes,  we  have  many  other 
laws  affecting  the  right  of  the  laborer  to  work  as  long  as  and 
for  what  wages  he  pleases.  Our  state  governments  are  limit- 
ing the  hours  of  men  in  many  trades,  particularly  those 
which  are  dangerous,  such  as  mining  and  railroading. 
They  are  quite  generally  fixing  the  hours  of  work  for  women 
and  children  employed  in  industries.  Contractors  doing 
work  for  the  government  must  pay  their  workingmen  cer- 


62  American  Citizenship 

tain  standard  wages,  and  recently  we  have  seen  the  enact- 
ment of  laws  in  some  states  providing  for  fixing  the  lowest 
wages  which  may  be  paid  to  women  by  employers.  This  is 
called  "  the  minimum  wage."  Other  laws  about  labor 
require  employers  to  pay  compensation  to  those  injured  while 
at  work,  and  to  provide  safety  appliances  in  their  places 
of  business,  even  if  plenty  of  workmen  could  be  found  will- 
ing to  work  without  such  appliances.  Thus  we  see  the  right 
to  use  one's  property  as  one  sees  fit  is  restricted,  and  the 
right  to  sell  one's  labor  as  one  pleases  is  also  limited  in  the 
name  of  common  welfare. 

General  tendencies  in  property  rights.  —  It  is  impossible 
to  mention  here  all  of  the  changes  which  have  been  going  on 
in  property  rights ;  but  it  may  be  said  that  the  tendency 
now  is  toward  increasing  the  amount  of  property  which  is 
publicly  owned,  toward  restricting  the  use  of  private  prop- 
erty for  the  convenience  of  the  public  and  the  welfare  of  the 
working  people,  and  toward  the  prevention  of  all  kinds  of 
money-making  schemes  by  which  clever  persons  rob  the 
industrious.  An  example  of  the  last  tendency  is  to  be  found 
in  laws  forbidding  the  adulteration  of  food  and  the  sale  of 
fraudulent  mining  and  industrial  stocks  to  innocent  pur- 
chasers. It  is  thus  clear  that  every  citizen  should  give 
attention  to  the  subject  of  property  and  the  rights  pertain- 
ing to  it,  for  they  involve  the  most  important  matters  coming 
up  for  consideration  by  the  government  to-day. 


Questions 

1.  How  have  property  rights  changed  from  time  to  time? 

2.  Which  one  of    those    changes    do    you    consider    most    im 
portant  ? 

3.  What  relation  does  the  trades  union  bear  to  property  rights  ? 

4.  What  property  does  the  federal  government  own  ? 

5.  How  does  it  use  it  ? 

6.  What  changes  are  suggested  with  regard  to  federal  property  ? 


Property  Rights  63 

7.  What  further  changes  are  suggested  with  regard  to  private 
property  ? 

8.  How  do  property  rights  compare  in  importance  with  civil 
rights  ? 

9.  What  is  the  object  to-day  of  inheritance,  income,  and  similar 
taxes  ? 

10.  What  is  the  struggle  between  capital  and  labor  ? 

11.  What  do  the  socialists  say  about  property  rights? 


Additional  Reading 

The  Distribution  of  Private  Property  :    Burch  and  Nearing, 

Elements  of  Economics,  pp.  255-264. 
Forms  of  Taxation  :    Bui'ch  and  Nearing,  pp.  248-254 ;    Beard, 

Readings,  pp.  590-605. 
Capital  and  Labor  :   Burch  and  Nearing,  pp.  296-347. 
The  Single  Tax  :    Burch  and  Nearing,  pp.  340-341. 
Socialism  :   Burch  and  Nearing,  pp.  341-345. 


CHAPTER   VI 
POLITICAL    LIBERTY 

I.    Political  and  civil  liberty  closely  connected. 

II.  The  long  struggle  for  political  liberty-. 

1.  The  right  to  vote  very  limited  at  first. 

2.  Classes  excluded  from  the  right  to  vote  in  1776. 

3.  Early  arguments  against  giving  propertyless  men  the  vote. 

4.  Early  arguments  in  favor  of  votes  for  propertyless  men. 

5.  Confused  ideas  about  democracy. 

6.  Our  ideas  about  democracy  change. 

7.  The  contest  over  votes  for  white  men. 

8.  Votes  for  colored  men. 

9.  Votes  for  women. 

III.  Present  restrictions  on  the  right  to  vote. 

1.  Citizenship. 

a.  How  aliens  are  naturalized. 

h.  The  alien  should  become  a  citizen  before  voting. 

c.  Voters  of  foreign  birth  likely  to  be  clannish. 

d.  What  should  be  done  with  the  foreign  vote. 

2.  The  age  limit  for  voters. 

3.  Tvlale  sex  qualification. 

4.  Residence  qualification. 

5.  Taxpaying  qualification. 

6.  Educational  test. 

7.  How  negroes  are  excluded  from  voting  in  the  South. 

a.  The  federal  Constitution  and  Southern  suffrage  restric- 
tions. 

8.  Miscellaneous  restrictions  on  voting. 


Political  and  civil  liberty  closely  connected.  —  Political 
liberty  includes  the  right  to  vote  in  elections  at  which  those 
who  make  and  enforce  the  laws  are  chosen  and  also  the  right 

64 


Political  Liberty  65 

to  hold  office.  While,  as  we  have  seen,  the  citizen  may  en- 
joy full  civil  liberty  (rights  of  person  and  property)  without 
at  the  same  time  having  political  liberty,  it  is  a  fact  that 
men  have  commonly  believed  the  two  liberties  to  be  insep- 
arable. The  principle  that  without  political  liberty  there 
can  be  no  true  civil  liberty  was  expressed  in  the  American 
doctrine  that  there  should  be  no  taxation  without  represen- 
tation ;  that  is,  no  payment  of  money  in  taxes  without  a 
voice  in  deciding  on  the  amount  and  kinds  of  taxes.  It  was 
written  also  in  the  Declaration  of  Independence  in  the 
immortal  words  that  "  governments  derive  their  just  powers 
from  the  consent  of  the  governed." 

The  long  struggle  for  political  liberty.  —  This  theory  of 
political  liberty,  like  other  notions  about  human  rights,  was 
of  slow  growth  and  has  a  long  history.  There  was  a  time 
in  England  when  the  king  ruled  absolutely;  his  word  was 
law;  and  all  the  high  officers  of  government  were  his  ap- 
pointees. In  time,  the  great  nobles,  the  landlords,  and  the 
rich  merchants  obtained  the  right  to  choose  representatives 
to  Parliament  which  after  a  long  fight  took  away  from  the 
king  his  power  to  make  laws,  lay  taxes,  and  rule  absolutely. 
When  the  English  colonies  were  founded  in  America,  the 
rich  classes  in  the  mother  country  were  represented  in  the 
Parliament,  while  the  peasants,  working  people,  and  poor 
generally  were  deprived  of  the  right  to  vote  altogether.  In 
short,  only  those  (with  a  few  exceptions)  who  held  a  certain 
amount  of  property  enjoyed  the  right  to  vote  and  hold 
office,  and  the  notion  that  the  poor  man  should  have  the  same 
privilege  was  regarded  with  horror  by  property  owners. 

The  right  to  vote  very  limited  at  first.  —  Such  aristocratic 
notions  were  widely  held  in  the  American  colonies,  and  there, 
too,  the  suffrage  was  confined  to  men  who  owned  a  definite 
amount  of  property.  In  fact,  the  lofty  principles  laid  down 
in  the  Declaration  of  Independence  were  not  written  because 
all  Americans  had  come  to  the  conclusion  that  every  person 


66  American  Citizenship 

should  have  a  voice  in  the  government.  On  the  contrary,  a 
very  large  proportion  of  the  white  men  were  still  deprived 
of  the  right  to  vote  under  the  new  Republic  as  before  under 
the  king  of  Great  Britain.  The  Revolutionary  War  was 
fought  to  secure  freedom  from  interference  on  the  part  of 
the  British  government,  not  to  establish  the  right  of  all  men 
to  vote  or  to  guarantee  that  no  one  should  be  governed 
without  his  consent.  The  Declaration  of  Independence, 
therefore,  expressed  a  principle  that  was  not  completely 
carried  out  in  practice. 

Classes  excluded  from  the  right  to  vote  in  1776.  —  When  the 
new  government  was  set  up  after  the  break  with  England, 
there  were  several  classes  of  the  population  that  did  not 
have  the  right  to  vote.  Of  course,  the  slaves  did  not  have 
the  ballot,  and  it  was  common  to  exclude  free  colored  persons 
in  the  North.  Black  men  in  general  did  not  get  their  politi- 
cal privileges  until  after  the  War,  although  a  few  states  had 
enfranchised  some  of  them  before.  Slaves  were  not  the  only 
persons  denied  the  right  to  vote,  however.  In  nearly  every 
state  the  ballot  was  restricted  to  the  property  owners  or 
taxpayers,  and  several  devices  were  employed  to  give  landed 
property  owners  a  special  control  over  government.  Office- 
holders were  frequently  required  to  have  large  amounts  of 
property  and  sometimes  to  hold  certain  religious  opinions 
as  well.  Moreover,  the  idea  that  women  should  have  any 
voice  in  the  government  built  "  on  the  consent  of  the  gov- 
erned "  never  occurred  to  the  founders  of  the  Republic. 

Early  arguments  against  giving  propertyless  7nen  the  vote. 
—  In  the  long  agitation  over  the  right  of  the  common  man 
to  vote  (even  if  he  had  no  property)  which  followed  the 
Declaration  of  Independence,  the  whole  question  of  the  suf- 
frage was  thoroughly  threshed  out.  Many  of  the  greatest 
men  in  our  history,  like  Webster,  Madison,  Hamilton,  and 
Jefferson  were  afraid  of  giving  power  to  the  poor  —  par- 
ticularly of  the  great  cities.     In  every  state  where  the  suf- 


Political  Liberty  67 

frage  was  demanded  by  the  disfranchised,  arguments  such 
as  were  put  forward  against  it  in  the  New  York  constitu- 
tional convention  of  1821  were  heard :  "  There  is  no  real 
demand  for  it  —  only  a  few  noisy  agitators  are  stirring  the 
matter  up ;  we  are  happy  and  prosperous  now,  why  run 
any  risks  by  doubling  the  number  of  voters ;  the  extreme 
democratic  principle  has  been  regarded  with  terror  by  the 
wise  men  of  every  age,  because  in  every  European  republic, 
ancient  and  modern,  in  which  it  has  been  tried,  it  has  ter- 
minated disastrously  and  has  been  productive  of  corruption, 
injustice,  violence,  and  tyranny;  the  poor  have  no  interest 
in  the  government  because  they  have  no  property  at  stake 
and  Providence  has  decreed  that  wc  shall  have  the  poor  with 
us  forever  ;  workingmen,  if  enfranchised,  would  neglect  their 
work  and  engage  in  politics  for  which  they  are  not  fitted ; 
the  extension  of  the  right  to  vote  to  all  white  men  on 
equal  terms  will  end  in  the  ruin  of  the  government  and  uni- 
versal calamity." 

Early  arguments  in  favor  of  votes  for  propertyless  men.  — 
Against  these  dire  prophecies,  the  advocates  of  universal 
manhood  suffrage  brought  forward  arguments  based  on  the 
"  natural  "  rights  of  mankind.  They  admitted  that  allow- 
ing all  men  an  equal  voice  was  in  many  ways  experimental, 
but  they  claimed  that  it  was  an  experiment  based  upon  the 
professed  principles  of  the  Declaration  of  Independence : 
"  governments  derive  their  just  powers  from  the  consent  of 
the  governed."  They  also  declared  that  the  poor  man  with 
only  his  labor  to  sell  needed  the  vote  to  protect  himself 
against  laws  made  in  behalf  of  property  and  to  secure  laws 
favorable  to  his  own  welfare ;  they  denied  that  either  intel- 
ligence or  morality  was  possessed  only  by  the  well-to-do ; 
they  scorned  the  idea  that  the  propertyless  were  represented 
in  the  government,  even  though  they  had  no  voice  in  it ; 
and  they  concluded  by  adding  that  the  men  who  were  vote- 
less were  determined  to  have  it,  and  that  it  would  be  the 


68  American  Citizenship 

better  part  of  wisdom  to  give  it  to  them  without  engendering 
a  bitter  struggle. 

Confused  ideas  about  democracy.  —  It  was  a  republic,  not 
a  democracy,  which  the  men  who  estabhshed  our  form  of 
government  had  particularly  in  mind,  and  it  was  not  until 
more  than  half  a  century  after  the  Declaration  of  Independ- 
ence that  white  men  were  given  political  liberty.  This  misun- 
derstanding about  democracy  is  partly  due  to  a  confusion 
of  terms.  We  sometimes  speak  as  if  a  representative  govern- 
ment, a  republic,  and  a  democracy  were  all  the  same;  but 
this  is  not  correct.  A  republic  may  be  both  representative 
and  democratic,  but  it  is  not  necessarily  so.  A  republic 
simply  means  a  country  without  a  king  or  single  absolute 
ruler,  but  such  a  country  may  be  ruled  by  a  very  small  class 
while  the  masses  of  the  people  have  no  share  at  all  in  the 
government.  Likewise  a  representative  government  need 
not  necessarily  l)e  democratic  or  republican.  A  representa- 
tive government  means  a  government  by  persons  chosen  by 
voters,  but  under  such  a  government  the  number  of  voters 
may  be  so  restricted  as  to  deny  the  majority  of  the  adult 
men  —  to  say  nothing  of  the  women  —  all  share  in  the  govern- 
ment. It  was  a  representative  republic  that  was  established 
in  the  United  States  after  the  Declaration  of  Independence. 

Our  ideas  about  democracy  change.  — ■  A  democracy,  on 
the  other  hand,  means  a  government  by  "all  of  the 
people,"  but  the  term  "  the  people  "  does  not  mean  the  same 
to  all  persons  or  at  all  times.  During  the  nineteenth  centur}', 
it  was  held  by  most  men  that  a  democracy  was  a  nation  in 
which  all  of  the  adult  males  had  the  right  to  vote.  But  in 
the  states  where  the  women  now  vote  and  in  other  states  whore 
they  are  demanding  the  ballot,  there  is  a  widespread  conviction 
that  a  government  which  excludes  half  of  the  population  —  the 
women  —  from  the  ballot  is  not  a  democracy  at  all.  Thus 
it  is  apparent  that  the  men  who  wrote  the  Declaration  of 
Independence  and  framed  our  system  of  government  in  the 


Political  Liberty  69 

eighteenth  century  did  not  say  the  last  word  about  democ- 
racy, but  left  many  additions  to  their  fine  theories  about  the 
rights  of  man  to  be  made  by  later  generations. 

The  contest  over  votes  for  white  men.  —  The  story  of 
the  way  the  common  man  without  property  secured  the 
ballot  in  this  country  has  never  been  fully  written.  In 
New  York,  the  last  of  the  property  qualifications  for  white 
men  were  abolished  in  1826  after  a  good  deal  of  agitation 
and  the  presentation  of  a  monster  petition  containing  75,000 
names.  In  Rhode  Island  there  was  a  sort  of  civil  war  in 
1842  kno'WTi  as  Dorr's  Rebellion  which  frightened  the  state 
government  into  giving  votes  to  those  who  did  not  have 
the  property  required  by  the  old  law.  In  England,  about 
the  same  time,  there  was  a  great  deal  of  rioting  and  disorder 
on  the  part  of  the  men  who  wanted  the  right  to  vote  —  a 
right  which  was  not  secured  for  most  of  them  until  1867  in 
that  country. 

Votes  for  colored  men.  —  The  advocates  of  white  manhood 
suffrage  prevailed  in  the  long  and  bitter  contest,  and,  by  the 
eve  of  the  Civil  War,  property  qualifications  on  the  right  to 
vote  were  almost  all  swept  away.  The  colored  man  stood 
on  a  different  footing  in  the  North  as  well  as  in  the  South. 
In  a  large  number  of  the  Northern  states  negroes  were  not 
allowed  to  vote  at  all,  or  unless  they  possessed  a  certain 
amount  of  property.  After  the  war  the  problem  of  the 
newly  emancipated  slaves  of  the  South  was  raised.  The 
Thirteenth  Amendment,  which  Lincoln  did  so  much  to  secure, 
merel}^  abolished  slavery.  Many  Republicans  held  that  on 
the  theory  of  the  rights  of  man  the  negroes  were  entitled 
to  vote ;  other  Republicans  thought  that  the  former  slaves 
would  vote  the  Republican  ticket  if  enfranchised ;  and  the 
oppressive  laws  passed  in  many  Southern  states  which  almost 
established  slavery  under  another  name  led  to  the  adoption 
of  the  Fourteenth  Amendment  to  the  Constitution  which 
provides  that  when  any  state  denies  any  of  its  male  citizens 


70 


American  Citizenship 


Political  Liberty  71 

the  right  to  vote,  it  shall  have  its  number  of  representatives 
in  Congress  reduced.  This  was  shortly  afterward  supple- 
mented by  the  Fifteenth  Amendment,  which  says  definitely 
that  no  person  shall  be  disfranchised  on  account  of  race, 
color,  or  previous  condition  of  servitude.  Thus  it  was 
thought  that  universal  manhood  suffrage  would  be  estab- 
lished throughout  the  United  States. 

Votes  for  women.  —  About  the  same  time,  women  began 
to  take  an  interest  in  the  ballot  and  to  demand  the  right  to 
vote  also.  They  made  an  eloquent  plea  to  the  New  York 
constitutional  convention  of  1867  for  the  ballot,  and  soon 
a  petition  signed  by  80,000  people  asking  for  woman  suffrage 
was  laid  before  Congress.  They  appealed  also  to  the  doctrine 
that  governments  derive  their  just  powers  from  the  consent 
of  the  governed.  They  held  that  they  were  taxpayers  and 
just  as  much  concerned  in  the  government  as  the  men.  They 
said  also  that  the  working  women  needed  the  vote  for  their 
protection  just  as  much  as  the  workingman  needed  it  for 
his.  They  denied  that  they  were  represented  in  the  govern- 
ment, even  though  they  had  no  vote.  They  pointed  out  how 
women  had  won  the  right  to  their  own  property,  the  right  to 
be  educated,  and  the  right  to  enter  the  professions,  and  added 
that  it  was  impossible  to  open  all  the  avenues  of  intelligence 
and  industry  to  women  and  then  keep  them  indefinitely  under 
the  political  tutelage  of  men.  In  short,  they  repeated  the 
arguments  which  had  been  made  in  behalf  of  universal  man- 
hood suffrage  a  generation  earlier. 

Women  begin  to  win  the  vote.  —  For  a  long  time  after  the 
Civil  War  the  agitation  for  woman  suffrage  bore  no  fruit, 
except  in  the  granting  of  the  right  to  vote  in  school  elections  ; 
for  example,  in  Michigan  and  Minnesota  in  1875,  New  Hamp- 
shire and  Oregon  in  1878,  and  Vermont  in  1880.  Only  in 
the  territory  of  Wyoming  did  the  women  have  the  general 
suffrage  which  was  secured  to  them  there  in  1869.  Wyom- 
ing came  into  the  Union  as  a  state  in  1890  and  retained 


72  American  Citizenship 

woman  suffrage.  In  1893  women  were  enfranchised  in 
Colorado  and  three  years  later  in  Idaho  and  Utah.  Then 
followed  a  lull  in  the  agitation  for  a  short  period,  only  to  be 
revived  with  renewed  vigor  at  the  opening  of  the  twentieth 
century.  Within  little  more  than  a  decade  five  more  states 
were  won  by  the  suffragists:  Washington  (1910),  California 
(1911),  and  Oregon,  Kansas,  and  Arizona  in  1912.  In  1913 
Illinois  gave  women  the  right  to  vote  for  many  officers, 
including  presidential  electors.  With  eighteen  out  of  the 
ninety-six  senators  and  with  thirty-seven  Representatives 
in  Congress,  from  equal  suffrage  states,  excluding  Illinois, 
the  suffragists  are  now  renewing  their  agitation  for  a  national 
amendment,  at  Washington,  with  more  effect  than  ever. 

Present  restrictions  on  the  right  to  vote.  —  Having  briefly 
reviewed  the  history  of  the  contest  for  political  rights  in  the 
United  States  since  the  Declaration  of  Independence,  we 
may  now  bring  together  the  qualifications  or  restrictions 
which  are  placed  on  the  right  to  vote  in  the  United  States 
at  the  present  time. 

Citizenship.  —  Citizenship  is  a  fundamental  requirement 
of  voters  in  nearly  all  the  states.  A  few  states,  however, 
allow  foreigners  who  possess  the  other  local  requirements 
to  vote  if  they  declare  their  intention  of  becoming  cit- 
izens. 

(a)  How  aliens  are  naturalized.  —  An  alien  is  made  an 
American  citizen  in  the  following  manner.  After  residing 
two  years  at  least  in  the  United  States,  he  goes  before  a 
court  of  law  and  declares  his  intention  of  becoming  an  Ameri- 
can citizen.  Not  less  than  two  years,  nor  more  than  seven 
years,  afterward,  he  applies  to  the  court  for  his  papers  of 
naturalization,  and  after  ninety  days  have  elapsed  he  ap- 
pears before  the  judge  and  his  application  is  heard.  If  the 
judge  is  satisfied  that  the  applicant  should  become  a  citizen, 
he  thereupon  issues  the  certificate  of  naturalization.  An 
arbitrary  judge  may  very  readily  exclude  anybody  whom  he 


Political  Liberty  73 

sees  fit  under  the  plea  that  the  applicant  is  not  of  good  moral 
character  or  well  disposed  toward  the  government.  No 
foreigner  can  become  a  citizen  until  he  has  resided  here  at 
least  five  years. 

(6)  The  alien  should  become  a  citizen  before  voting.  — 
The  political  rights  of  persons  of  foreign  birth  are  a  trouble- 
some matter.  If  every  alien  immigrant  were  made  a  voter 
the  moment  he  landed,  before  he  knew  anything  about  the 
language,  laws,  and  customs  of  the  country,  it  would  be  a 
bad  thing.  It  is  not  unfair,  therefore,  to  require  him  to 
become  a  citizen  before  voting,  because  this  compels  him 
to  reside  in  the  United  States  for  five  years  at  least  before 
taking  part  in  the  government. 

(c)  Voters  of  foreign  birth  are  likely  to  be  clannish.  —  The 
requirement  that  aliens  shall  become  citizens  before  voting 
does  not  solve  every  problem,  for  thousands  of  them  con- 
tinue to  live  in  the  foreign  quarters  of  our  great  cities  and  to 
read  their  own  newspapers  and  speak  only  their  own  lan- 
guages long  after  they  have  been  made  citizens.  They 
sometimes  take  a  very  narrow  view  of  politics  and  are 
marched  to  the  polls  to  vote  by  political  managers  without 
knowing  why  they  are  voting  or  what  they  are  voting  for. 
They  are  sometimes  accused  of  being  more  ready  to  sell  their 
votes  than  native  Americans ;  but  this  is  not  true. 

(d)  What  should  be  done  with  the  foreign  vote.  —  Never- 
theless, there  is  a  good  deal  of  criticism  of  "  the  foreign 
vote  "  by  native  Americans  who  seem  to  think  they  have 
a  complete  monopoly  on  this  particular  section  of  the  earth  ; 
and  often  the  demand  is  made  for  some  drastic  laws  against 
the  voting  of  persons  of  foreign  origin.  The  foreigners,  men 
and  women,  make  up  a  large  part  of  our  hard-working  popu- 
lation ;  they  suffer  from  industrial  accidents,  from  bad 
tenements,  long  hours  of  work,  low  w\ages,  and  other  evils 
of  modern  civilization.  It  is  not  enough  to  fling  at  them  the 
declaration  that  the  United  States  is  better  than  Russia. 


74  American  Citizenship 

It  is  not  so  good  but  that  it  can  be  improved,  and  foreigners 
are  not  required  to  endure  everything  simply  because  Ameri- 
cans have  been  willing  to  admit  them.  Instead  of  denying 
the  ballot  to  persons  of  foreign  birth,  it  is  better  to  educate 
them,  to  improve  the  conditions  under  which  they  live  and 
labor,  and  to  give  them  a  fair  chance  to  become  valuable 
American  citizens. 

The  age  limit  for  voters.  —  All  states  require  the  voter 
to  be  twenty-one  years  old  at  least  —  this  being  the  age  at 
which  a  man  arrives  at  maturity,  the  age  at  which  he  is 
supposed  to  have  judgment  enough  to  manage  his  own  affairs 
and  take  part  in  the  government  of  his  country.  The  same 
age  is  required  for  women  voters. 

Male  sex  qualification.  —  Thirty-seven  of  the  states  re- 
strict the  right  to  vote  m  all  elections  to  men,  but,  as  we  have 
seen,  nine  have  equal  suffrage,  while  a  majority  of  the  other 
states  allow  women  to  vote  in  school  elections.  Illinois  has 
very  recently  granted  them  the  right  to  vote  for  many  state 
and  local  officials,  and  for  presidential  electors. 

Residence  qualification.  —  The  voter  must  reside  for  a 
certain  length  of  time  in  the  place  where  he  expects  to  cast 
his  ballot.  Some  states  require  the  voter  to  have  resided 
within  their  borders  for  six  months,  others  for  one  year,  and 
a  few  for  two  years. 

Taxpaying  qualification.  —  A  few  states  —  for  example, 
Arkansas,  Pennsylvania,  and  Tennessee  —  allow  only  tax- 
payers to  vote ;  that  is,  those  who  pay  a  poll  tax  have  the 
ballot.  In  some  Southern  states  persons  who  pay  taxes  or 
own  a  certain  amount  of  property  can  vote,  even  if  they  do 
not  have  the  other  qualifications  mentioned  below. 

The  educational  test.  —  About  one-third  of  the  states  have 
some  kind  of  educational  test.  Massachusetts  requires  the 
voter  to  be  able  to  read  a  section  of  the  state  constitution 
in  the  English  language  and  write  his  o^^^l  name.  Con- 
necticut  has   similar   requirements.     The   educational   test 


Political  Liberty  75 

is  used  in  some  Southern  states  as  an  alternative  to  other 
qualifications  (see  next  paragraph). 

How  negroes  are  excluded  from  voting  in  the  South.  —  In 
the  South  a  number  of  restrictions  have  been  devised  to  ex- 
clude the  negroes  from  voting.  These  restrictions  are  in 
general  as  follows :  (a)  the  voter  must  be  able  to  give  a 
"  reasonable  explanation  "  of  some  part  of  the  state  consti- 
tution when  it  is  read  to  him  by  the  registering  officers ; 
or  (6)  he  must  own  a  certain  amount  of  property;  or  (c) 
he  must  be  a  person  who  voted  or  the  descendant  of  a  person 
who  voted  before  1867 ;  or  (d)  he  must  have  been  a  Fed- 
eral or  Confederate  soldier. 

(a)  The  federal  Constitution  and  Southern  suffrage  re- 
strictions.—  It  is  sometimes  said  that  the  Southern  states 
which  have  these  restrictions  violate  the  federal  Constitu- 
tion ;  but  this  is  not  strictly  correct.  The  Constitution  simpl}^ 
says  that  no  one  shall  be  disfranchised  on  account  of  race  or 
color  or  previous  condition  of  servitude,  and  the  above 
restrictions  do  not  violate  this  rule.  The  Fourteenth  Amend- 
ment does  say,  however,  that  when  any  state  excludes  male 
citizens  from  voting,  it  shall  have  the  number  of  its  represent- 
atives in  Congress  reduced  in  proportion.  If  this  were 
enforced,  the  Southern  states  and  the  Northern  states  which 
have  property  and  educational  restrictions  would  have  their 
representation  reduced ;  but  there  is  no  serious  attempt  to 
enforce  it. 

Miscellaneous  restrictions  on  voting.  —  There  are  several 
distinct  types  of  persons  in  the  states  who  are  not  permitted 
to  vote ;  such  as  idiots,  paupers,  the  insane,  bigamists  and 
polygamists,  duelists,  felons  or  those  convicted  of  infamous 
crimes,  and  Indians  not  taxed.  Voters  convicted  of  bribery 
at  the  polls  are  often  disfranchised  for  a  certain  specified 
time.  Soldiers  and  sailors  are  denied  political  rights  in  some 
states  on  the  ground  that  they  are  within  the  state,  not  as 
citizens,  but  merely  on  duty  as  representatives  of  the  federal 


76  American  Citizenship 

government,  whereas  voters  of  a  state  are  required  to  be 
citizens  of  that  state. 

A  criminal  may  regain  his  right  to  vote  by  securing  a  par- 
don from  the  governor ;  and  often  an  unpardoned  criminal, 
who  goes  to  a  new  state  after  he  has  served  his  prison  term 
in  his  own  state,  can  vote,  by  concealing  his  identity. 


Questions 

1.  What  is  the  diflferenee  between  civil  and  political  liberty? 

2.  What  relation  do  they  bear  to  each  other  ? 

3.  What  has  been  the  history  of  the  right  to  vote  in  the  United 
States  ? 

4.  What   is    the   distinction   in   meaning   between    the   words 
republic  and  democracy  ?     Does  one  necessarily  exclude  the  other  ? 

5.  Who  are  "the  people"  in  a  political  sense  ?     Is  it  a  term  that 
always  means  the  same  thing  V 

6.  What  arguments  were  used  against  manhood  suffrage  before 
it  became  established  ? 

7.  What  arguments  were  advanced  by  workingmen  to  support 
their  demand  for  the  vote  ? 

8.  Where  do  women  vote  in  the  United  States  ? 

9.  What  is  the  political  standing  of  foreigners  in  the  United 
States  ? 

10.  What  persons  are  generally  excluded  from  the  right  to  vote 
besides  women  ? 


Additional  Reading 

The  Rise  of  Political  Democracy:  Beard,  American  Govern- 
ment, pp.  79-86. 

The  Right  of  Women  to  the  Ballot:  Kelley,  Some  Ethical 
Gains  through  Legislation,  pp.  172-206 ;  Beard,  Readings,  pp. 
407-410. 

Objections  to  Woman  Suffrage  :  Bryce,  The  American  Common- 
wealth, Vol.  II,  pp.  600-612;    Beard,  Readings,  pp.  405-407. 

Political  Rights  and  Duties:  Kaye,  Readings  in  Civil  Govern- 
ment, pp.  111-128. 


PART  II 

THE   MACHINERY   OF   GOVERNMENT  — 
OFFICERS,   ELECTIONS,   AND   PARTIES 


CHAPTER   VII 
THE   GREAT   PARTS    OF   AMERICAN    GOVERNMENT 

I.    The  study  of  the  machinery  of  government. 

1.  Danger  in  viewing  government  as  merely  a  set  of  rules. 

2.  The   rules  of   government   cannot   always   be   understood 

merely  by  memorizing  them. 

3.  We  must  study  government  with  a  view  to  discovering  its 

usefulness  to  the  people. 

4.  The  people  must  decide  whether  good  or  bad  work  shall  be 

done  by  the  government. 
II.    How  to  go  about  mastering  a  complicated  machine. 

1.  Our  national,  state,  and  local  governments  simply  parts  of 
a  big  machine. 

III.  Our  government  is  federal. 

1.  Why  we  have  a  federal  government. 

2.  How  the  Constitution  was  framed. 

IV.  The  division  of  each  government  into  three  parts. 

1.  The  origin  of  the  "separation  of  powers." 

2.  Separation  of   powers  reduces   dangers   of   tyranny  by  the 

majority. 

3.  Our  present  theory  of  the  separation  of  powers. 

4.  The  separation  of  powers  is  a  vital  matter. 

V.    The  separation  of  powers  influences  our  party  polities. 

1.  Responsibility  for  government  is  divided. 

2.  Separation   of   powers    encourages    the    growth    of   strong 

political  parties. 

3.  The  separation  of  powers  helps  to  make  the  executive  a 

lawmaker. 
VI.    The  separation  of  powers  and  the  judges  of  the  courts. 

1.  The  recent  prominence  of  the  judiciary  in  politics. 

2.  The  power  of  the  judge  to  declare  laws  null  and  void. 

3.  Difficulties  arising  from  the  power  of  the  jud.'res  to  declare 

laws  void. 

4.  Proposals  to  change  the  present  judicial  system. 

79 


8o  A  merican  Citizenship 

5.  Why  change  in  the  judicial  system  is  demanded  by  some 

persons. 

6.  Why  changes  in  the  judicial  system  are  opposed. 

7.  How  our  system  of  the  separation  of  powers  cheeks  hasty 

action. 

8.  The  majority  rules  in  the  long  run. 


The  study  of  the  machinery  of  government.  —  There  is 
one  view  of  government  which  is  purely  technical,  and  leaves 
out  of  account  altogether  the  human  side  of  the  matter. 
From  that  standpoint  civics  is  merely  a  study  of  the  rules 
which  provide  how  officers  shall  be  elected,  how  long  their 
terms  shall  be,  what  powers  they  shall  have,  and  how  laws 
shall  be  made  for  the  government  of  the  people. 

Danger  in  viewing  government  as  merely  a  set  of  rules.  — 
Viewed  in  this  way,  government  is  simply  a  matter  of 
rules ;  and  so  absorbed  are  some  people  in  memorizing  them 
that  they  forget  other  aspects.  They  grow  so  interested 
in  the  law  about  terms,  powers,  and  qualifications  that  they 
come  to  look  upon  the  law  as  an  end  in  itself,  to  be  studied 
for  its  own  sake,  instead  of  as  a  means  to  serve  human  welfare. 
This  view  also  overlooks  the  most  important  thing  of  all ; 
namely,  that  the  government  in  fact  consists  of  persons 
engaged  in  doing  certain  tasks.  It  requires  no  great  amount 
of  intelligence  to  discover  that  by  electing  different  persons 
to  offices  we  may  have  quite  a  different  government  within 
limits  without  any  change  in  the  laws  at  all.  Just  as  a  school 
may  be  good  under  one  teacher  and  bad  under  another  with- 
out any  change  in  the  way  of  choosing  school  boards  and 
teachers,  so  the  government  may  be  efficient  or  wasteful 
without  changes  in  the  laws  about  elections  and  terms  of 
office. 

The  rules  of  government  cannot  always  he  understood  merely 
by  memorizing  them.  —  While  the  student  of  government 
must  learn  its  rules,  he  must  also  pay  particular  attention 


The  Great  Parts  of  American  Government  8i 

to  the  question  of  why  the  rules  were  adopted  at  all.  He 
must  also  study  especially  the  way  in  which  the  persons, 
charged  with  carrying  out  the  rules,  go  about  their  tasks. 
For  example,  a  law  may  prescribe  that  a  certain  officer  shall 
be  appointed  in  a  certain  way,  not  necessarily  because  that 
is  the  way  to  get  the  best  kind  of  officer,  but  possibly  be- 
cause certain  politicians  may  choose  one  of  their  own  number 
if  that  method  is  employed.  Again,  there  have  been  in- 
stances of  good  laws  being  made  to  control  railway  companies 
and  then  agents  of  the  railways  appointed  to  office  to  enforce 
the  laws  in  such  a  way  as  to  make  them  of  no  use  to  the 
public.  Examples  might  be  multii)lied  to  show  that,  when 
one  knows  the  mere  rules  of  government  as  they  appear  on 
printed  pages  of  the  law  books,  one  does  not  necessarily 
know  very  much   about  government. 

We  must  study  government  with  a  view  to  discovering  its 
usefulness  to  the  people.  — ■  Nevertheless,  it  is  important  to 
study  the  laws,  or  the  machinery  of  government,  as  it  is 
called ;  and,  if  we  fix  our  attention  on  the  output  of  the 
machine  rather  than  on  the  machine  itself,  we  get  a  new 
interest  in  it.  We  cannot  escape  the  laborious  task  of  learn- 
ing about  many  dry  details  of  government.  The  master 
musician  learns  all  about  the  machinery  of  the  instrument 
on  which  he  plays ;  the  skilled  artist  studies  the  chemistrj^ 
of  paints  and  oils  as  well  as  the  great  paintings  of  the  masters  ; 
the  writer  must  learn  the  rules  of  composition  even  though 
he  never  intends  to  write  a  grammar ;  and  the  teacher  must 
learn  about  making  reports  and  keeping  records,  although 
the  purpose  of  teaching  is  to  make  better  and  more  intelli- 
gent boys  and  girls.  If  you  can  imagine,  however,  a  musi- 
cian more  interested  in  organ  bellows  than  in  music,  or  a 
teacher  more  concerned  with  reports  and  records  than  with 
boys  and  girls,  you  can  picture  to  yourselves  the  person  more 
interested  in  the  rules  of  government  than  in  its  achieve- 
ments. 


82  American  Citizenship 

The  people  must  decide  whether  good  or  had  work  shall  he 
done  hy  the  government.  —  The  voter  has  to  study  certain 
machinery  or  rules  of  government  in  order  to  play  an  impor- 
tant part  in  government,  and  those  who  cannot  vote  must 
also  study  it  if  they  wish  to  be  intelligent  members  of  society. 
The  government  is  a  great  piece  of  public  machinery  which 
can  bring  conveniences,  comfort,  order,  and  happiness  to 
millions,  or  the  very  opposite  of  these  things,  according  as  the 
voters  understand  it  and  decide  to  what  use  it  shall  be 
put.  Like  a  ship  that  may  be  fitted  out  to  carry  useful  things 
from  country  to  country  or  to  bring  death  and  destruction 
in  battles,  so  the  government  may  be  regarded  as  an  instru- 
ment of  oppression  or  as  a  servant  of  public  good.  It  is 
for  those  who  direct  it  to  determine  its  use  by  their  wisdom, 
their  sense  of  right,  and  their  votes.  Finally,  the  voter 
must  know  something  of  the  history  of  government  in  order 
to  realize  how  it  has  already  been  changed  and  improved 
from  time  to  time,  and  in  order  to  understand  also  how  it 
may  be  improved  in  the  future. 

How  to  go  about  mastering  a  complicated  machine.  — 
When  one  undertakes  the  study  of  a  big  and  complicated 
machine,  he  does  not  begin  at  one  end  and  study  all  of  the 
little  details  one  after  another  until  he  reaches  the  other  end. 
If  he  does,  the  chances  are  that  he  vrill  not  know  much  about 
the  machine  when  he  is  through.  He  learns  about  the 
leading  parts  of  the  machine  first,  the  principles  on  which 
it  is  constructed,  and  the  way  the  chief  parts  work  into  one 
another ;  then  he  masters  the  minor  attachments  to  the 
great  parts. 

Our  national,  state,  and  local  governments  simply  parts  of 
a  big  machine.  —  So  it  is  in  the  study  of  government.  We 
do  not  start  with  New  York  City  and  go  out  to  San  Francisco 
by  way  of  Washington,  D.C.  First,  we  learn  about  the  big 
and  important  parts  of  the  American  governmental  machine, 
and  how  they  fit  into  each  other,  and  how  all  of  them  at 


The  Great  Parts  of  American  Government  83 

the  same  time  affect  our  daily  lives.  We  do  this  in  order  to 
understand  the  machine  as  a  working  concern,  all  parts  of 
which  must  act  together. 

Our  government  is  federal.  —  The  first  important  thing, 
then,  to  know  about  our  great  governmental  machine  is 
that  it  is  federal  in  character.  That  is,  instead  of  one  single 
government  at  Washington  making  laws  on  all  matters  for 
all  of  the  people,  we  have  a  central  government  which  makes 
and  enforces  laws  on  matters  which  are  national  in  that 
they  concern  the  people  of  more  than  one  state  at  the  same 
time ;  and  we  have  forty-eight  state  governments  which 
make  laws  on  matters  which  concern  only  the  people  within 
their  respective  boundaries.  It  is  because  there  is  so  little 
understanding  of  the  work  of  these  two  big  parts  of  our 
machinery  of  government  that  we  have  people  asking  the 
national  government  to  do  things  which  belong  to  state 
governments  and  demanding  from  the  state  governments 
laws  on  matters  which  the  states  have  no  power  to  touch 
at  all. 

Why  ive  have  a  "federal  "  government.  —  Why  we  have  this 
federal  system  instead  of  a  ''  unitary  "  system  like  France 
where  one  parliament  makes  laws  for  the  whole  republic  is 
to  be  explained  by  referring  to  our  history.  Our  country 
began  by  small  settlements  of  pioneers,  which  in  time  grew 
to  be  colonies  :  Massachusetts,  New  York,  Pennsylvania, 
Virginia,  and  the  rest  of  the  thirteen.  When  the  Revolution- 
ary War  came  on,  the  colonies  joined  in  a  common  govern- 
ment principally  for  mutual  defense,  and  at  the  same  time 
each  colony  set  up  a  government  of  its  own  as  a  state.  From 
your  history  you  know  how,  at  the  close  of  the  Revolution, 
the  colonists  framed  a  common  government  under  the  Articles 
of  Confederation,  as  it  was  called,  and  gave  that  government 
certain  powers  over  the  army,  taxation,  money,  and  so  forth. 
From  your  history  also  you  know  how  dissatisfaction  with 
the  Articles  of  Confederation  grew  up  and  how  in  1789  a 


84  American  Citizenship 

new  system  of  government  under  our  present  Constitution 
was  framed  —  a  system  of  government  which  embraced 
national  officials  invested  with  certain  powers,  and  at  the 
same  time  forbade  the  states  to  interfere  with  certain  matters. 

How  the  Constitution  of  the  United  States  was  framed.  — 
This  new  Constitution  —  now  over  one  hundred  and  twenty- 
five  years  old  —  was  drafted  by  a  convention  of  delegates 
chosen  by  the  state  legislatures,  who  held  their  sessions  at 
Philadelphia  in  the  summer  of  1787.  In  drafting  the  Consti- 
tution they  had  to  be  very  careful  not  to  give  the  central  gov- 
ernment too  much  power,  for  the  states  were  jealous  of  one 
another  and  they  would  not  have  ratified  the  new  document 
when  it  was  done  if  it  had  interfered  seriously  in  their  affairs. 
By  very  ingenious  work,  the  framers  of  the  Constitution  con- 
trived the  double  system  which  we  now  have,  and  it  was  ap- 
proved in  each  state  by  a  convention  of  delegates  specially 
chosen  by  the  voters  (p.  66)  for  the  purpose  of  passing 
upon  the  scheme  submitted  by  the  Philadelphia  convention. 
This  is  how  it  happened  that  we  have  a  double  govern- 
mental  machine,  instead    of  a  single   central   government. 

The  division  of  each  government  into  three  parts.  —  In 
constructing  our  national  government  and  our  state  govern- 
ments, it  has  been  thought  best  to  divide  each  of  them  into 
three  great  parts  :  the  legislature  which  makes  the  laws ;  the 
executive  which  enforces  them  ;  and  the  judicial  department 
which  interprets  them.  You  will  find  this  principle  adopted 
in  the  national  government  at  Washington,  in  the  government 
at  the  capital  of  your  state,  and  perhaps  in  the  government 
of  your  city.  We  say  "  perhaps,"  because  cities  are  rapidly 
giving  up  the  idea  that  a  good  government  must  be  divided 
into  three  parts,  and  many  of  them,  as  we  shall  see  (p.  136) 
are  giving  the  lawmaking  and  the  law-enforcing  powers  to  the 
same  body  of  men. 

The  origin  of  the  "  separation  of  powers."  —  How  did  the 
notion  arise  that  a  good  governmental  machine  must  consist 


The  Great  Parts  of  American  Government  85 

of  three  parts  ?  This  is  a  very  hard  question  to  answer  briefly, 
because  it  has  such  a  long  and  tangled  history.  In  the  early 
days  of  the  English  monarchy,  the  king  got  into  his  hands 
the  power  to  make  such  rules  as  he  pleased  for  his  subjects 
and  also  the  power  to  enforce  those  rules  by  his  own  officers  — 
judges,  sheriffs,  and  other  royal  agents.  In  time,  as  we  have 
seen  (p.  4),  certain  of  the  king's  subjects  wrested  from 
him  the  power  to  make  the  laws,  and  vested  it  in  a  legislature, 
one  house  being  elected  by  the  voters.  In  time,  also  J  the 
king's  subjects  who  could  vote  began  to  object  to  the  way 
in  which  the  king's  judges  punished  and  imprisoned  in  viola- 
tion of  the  laws,  and  Parliament  at  length  declared  that 
the  judges  must  be  independent  of  the  king  —  that  is,  not 
controlled  by  him  but  by  the  Parliament.  Englishmen 
did  not  believe  that  the  judges  should  be  entirely  independent 
of  the  Parliament,  however,  with  the  power  to  declare  laws 
made  by  Parliament  null  and  void.  That  is  a  purely  Ameri- 
can notion  of  the  judicial  power  (p.  89). 

Separation  of  powers  reduces  dangers  of  tyranny  by  the 
majority.  —  These  three  branches  —  executive,  legislative, 
and  judicial  —  were  set  up  in  the  English  colonics  in  America, 
and  continued  after  the  Revolutionary  War,  partly  because 
of  force  of  habit  and  partly  because  of  new  ideas  which  had 
been  developed.  In  the  daj^s  of  absolute  kings,  men  had 
learned  that  there  was  sure  to  be  tyranny  and  cruelty  in  the 
land  if  the  power  to  make,  interpret,  and  enforce  the  laws  was 
in  royal  hands.  In  America,  the  tyranny  of  one  man  was  no 
longer  feared ;  but  many  great  statesmen  came  to  believe 
that  the  danger  of  tyranny  on  the  part  of  the  legislature  rep- 
resenting the  voters  was  as  serious  as,  if  not  more  serious 
than,  the  danger  from  a  monarchy.  The  majority  of  the 
voters  may  be  wrong,  just  as  a  king  may  be  wrong,  so  these 
leaders  thought,  and  consequently  the  danger  should  be 
lessened  by  dividing  the  power  of  government  into  three  parts 
so  that  it  would  be  difficult  for  any  one  part  to  exercise  its 


86  American  Citizenship 

authority  tyrannically,  and  difficult  also  for  the  three  parts  to 
join  in  the  same  act  of  injustice. 

Our  present  theory  of  the  separation  of  powers.  —  In  time 
it  came  to  be  held  that,  although  the  government  ought  to 
be  constructed  of  three  parts,  the  purpose  was  not  to  make  the 
rule  of  the  majority  of  voters  difficult,  or  impossible,  but 
to  make  sure  that  there  should  be  a  long  and  fair  consider- 
ation of  any  matter  to  be  determined  by  the  voters,  so  that 
a  majority  might  not  suddenly  and  passionately  make  a  law 
oppressing  others.  This  is  really  the  theory  upon  which  the 
separation  into  three  powers  rests  to-day.  Any  law  must 
pass  the  legislature  (state  or  national)  which  has  two  branches, 
each  of  which  is  supposed  to  check  and  balance  the  other 
and  prevent  it  from  acting  hastily.  The  executive  has  the 
veto  power,  the  power  to  say  to  the  legislature  :  "  This  is  an 
unjust  or  unwise  law,  and  I  disapprove  of  it  and  say  it  ought 
not  to  be  a  law  at  all ;  "  and  when  this  is  done  by  the  execu- 
tive the  legislature  must  pass  the  measure  again,  usually 
by  a  larger  majority,  if  it  is  to  become  law  in  spite  of  the 
veto.  But  this  is  not  all  of  the  gauntlet  which  a  law  must 
run.  When  the  legislature  has  made  it  and  the  executive 
signed  it,  a  citizen  against  whom  it  is  enforced  may  go  to  the 
courts  and  say  :  "  I  think  this  law  is  no  law  at  all  because  the 
constitution  of  this  state  or  of  the  United  States  forbids  such 
a  law."  And,  if  the  court  agrees,  the  law  is  dead.  All  this 
takes  a  long  time,  and  hence  hasty  action  is  impossible.  The 
people  are  required  to  think  the  matter  over  carefully. 

The  separation  of  powers  is  a  vital  matter.  —  This  "  separa- 
tion of  powers  "  is,  therefore,  no  dull  subject  to  be  memorized 
by  rote.  It  is  one  of  the  most  vital  matters  of  all  govern- 
ment. It  involves  the  fundamental  question  :  "  Should  a 
majority  of  those  who  take  the  trouble  to  vote  in  any  election 
be  allowed  to  make  any  law  they  please  on  any  matter  they 
please  without  being  checked  by  any  device  or  without  being 
forced  to  reconsider  the  matter  very  seriously  if  it  touches 


The  Great  Parts  of  American  Government  87 

the  life  and  liberty  and  property  of  individuals?  "  The 
American  theory  at  present  is  that,  in  the  long  run,  the 
majority  of  the  people  decide  matters  rightly,  but  that  there 
must  be  some  way  of  seeing  that  the  "  long  run  "  is  long 
enough. 

The  separation  of  powers  influences  our  party  politics.  — 
The  separation  of  the  government  into  three  parts  for  the 
purpose  of  enabling  one  to  check  and  balance  the  other  has  a 
very  deep  influence  on  the  actual  conduct  of  the  government 
and  particularly  on  the  political  campaigns  for  offices. 
This  can  best  be  illustrated  by  comparison  with  the  system 
in  England.  There  the  executive  is  not  the  king,  for  the  king 
does  not  interfere  in  politics  at  all.  The  executive  is  the 
cabinet,  composed  of  high  government  officers  selected  from 
the  leaders  of  the  political  party  in  power  in  the  legislature  or 
Parliament.  Any  law  which  Parliament  passes  is  enforced, 
for  no  court  can  set  it  aside  as  null  and  void,  and  the  men 
responsible  for  carrying  the  law  into  effect  are  the  cabinet 
officers  who  sit  in  Parliament  and  direct  the  business  of  the 
legislature.  Thus  there  is  what  is  known  as  a  "  fusion  " 
of  the  executive  and  legislative  parts  of  government,  instead 
of  a  separation  as  with  us.  The  cabinet  in  Parliament  is 
responsible  for  whatever  the  government  of  England  does. 

Responsibility  for  government  is  divided.  —  Now  in  the 
United  States,  the  separation  of  powers  divides  responsibility 
in  the  conduct  of  government.  The  President  or  governor 
has  his  notions  of  what  laws  should  be  passed,  and  the  legisla- 
ture has  other  notions,  and  the  result  is  frequently  a  com- 
promise in  which  neither  one  gains  the  day,  while  nobody 
can  tell  whom  to  praise  or  blame.  Often  the  executive 
cannot  enforce  a  law  because  the  legislature  has  not  voted 
money  for  the  purpose  or  provided  for  a  sufficient  number  of 
officers  to  carry  it  out,  and  thus  the  executive  may  be  blamed 
for  not  doing  his  duty,  when  it  is  not  his  fault  at  all.  Again, 
it  often  happens  that  the  legislature  passes  a  good  law,  which 


88  American  Citizenship 

the  executive  does  not  like  and  therefore  takes  no  pains  to 
put  into  effect.  Where  the  same  men  are  responsible  for  the 
making  and  carrying  out  of  the  laws,  the  people  can  know 
whom  to  blame  if  things  do  not  go  well ;  but  in  the  United 
States  it  is  thought  that  the  dangers  of  too  hasty  popular 
action  are  greater  than  the  inconveniences  of  divided  re- 
sponsibility. 

Separation  of  powers  encourages  the  growth  of  strong  political 
parties.  —  Another  way  in  which  the  separation  of  powers 
influences  government  is  in  connection  with  elections  and 
political  parties.  In  order  to  get  a  law  made  and  enforced, 
it  is  necessary  for  those  demanding  it  to  control  both  the 
legislature  and  the  executive,  for,  if  they  have  one  part  of 
the  government  and  not  the  other,  they  cannot  be  sure  of 
attaining  their  end.  Hence  the  separation  of  powers  makes 
it  necessary  for  political  parties  to  be  very  strong,  so  that 
they  can  get  possession  of  the  entire  government.  For 
example,  if  a  party  wishes  a  law  prohibiting  the  sale  of 
liquor,  it  must  have  a  majority  in  the  legislature  to  pass  the 
law  and,  what  is  equally  important,  it  must  get  possession 
of  the  executive  branch  to  enforce  the  law  against  those  who 
seek  to  sell  liquor  in  defiance  of  the  law. 

The  separation  of  powers  helps  to  make  the  executive  a  law- 
maker. —  Another  way  in  which  the  separation  of  powers 
influences  government  is  in  connection  with  legislation.  The 
executive,  in  spite  of  his  title,  really  has  some  legislative 
powers :  he  can  veto  laws  and  he  can  recommend  laws  in 
his  messages.  So  it  has  happened  that  candidates  for  the 
presidency  of  the  United  States  and  for  the  office  of  governor 
in  the  several  states  announce  that  they  will  advocate  the 
making  of  certain  laws  in  case  they  are  elected ;  and  the 
people  are  beginning  to  look  to  their  executives  even  more 
than  to  the  legislatures  for  the  passage  of  laws  in  harmony 
with  campaign  promises.  This  raises  one  of  the  prominent 
questions  of  our  present-day  politics :   "  Does  not  the  execu- 


The  Great  Parts  of  American  Government  89 

live  department  threaten  to  overshadow  the  legislature  in 
the  minds  of  the  voters?  "  At  all  events,  in  elections,  we  do 
not  choose  executives  merely  because  we  think  they  will  be 
good  men  to  enforce  the  laws.  On  the  contrary,  we  often 
think  more  of  what  laws  they  will  compel  the  legislature  to 
pass  by  using  their  messages  to  stir  up  discussion  and  by 
threatening  to  veto  certain  bills  in  order  to  force  the  legisla- 
ture to  pass  their  own.  The  executive  in  the  United  States 
is  becoming  a  lawmaker  as  well  as  a  law-enforcer. 

The  separation  of  powers  and  the  judges  of  the  courts.  — 
For  the  same  reasons  candidates  for  the  office  of  judge  are 
likewise  brought  into  politics.  The  judge  has  the  power 
to  set  aside  the  law  passed  by  the  legislature  and  signed 
by  the  governor  if  he  believes  that  it  is  contrary  to  the  con- 
stitution of  the  state  or  of  the  United  States.  The  judge  also 
has  the  power  to  change  the  law  by  interpreting  it  in  a  way 
which  the  legislature  did  not  intend  it  to  be  interpreted. 
Rules  made  by  the  interpretation  of  the  judges  are  called 
judge-made  laws.  Since  the  judge  has  the  power  to  unmake 
laws  by  declaring  them  unconstitutional  and  the  power 
to  change  them  by  interpretation,  the  voters  are  beginning 
to  inquire  of  candidates  for  the  office  of  judge  :  "  "N^Tiat  views 
do  you  hold  concerning  the  desirability  of  such  and  such  laws, 
and  how  would  you  interpret  this  or  that  measure  if  you 
were  elected?  "  Thus  the  judge,  whose  chief  business  is  to 
decide  disputes  between  private  citizens  and  to  try  those 
charged  with  crimes,  becomes  mixed  up  with  politics,  and  the 
voters  are  beginning  to  think  more  about  his  views  on 
certain  kinds  of  laws  than  they  do  about  his  fairness  and  im- 
partiality in  trials. 

The  recent  'prominence  of  the  judiciary  in  politics.  —  The 
position  of  the  judiciary  in  the  scheme  of  the  separation  of 
powers  is  so  difficult  to  understand  that  it  is  necessary  to 
explain  it  at  some  length.  Lawmaking  and  law-enforcing 
are  by  comparison  easier  to  comprehend,  and  a  great  deal 


90  American  Citizenship 

more  attention  has  therefore  been  given  by  the  voters  at  large 
to  the  executive  and  the  legislature  than  to  the  judiciary. 
But  recently  there  has  been  much  talk  about  the  power  of 
the  judges  to  declare  laws  null  and  void,  and  there  have  been 
suggested  many  changes  in  the  judicial  department.  Conse- 
quently, the  citizen  should  give  no  little  thought  to  the 
power  of  the  courts,  and  particularly  to  the  principles  upon 
which  it  depends. 

The  power  of  the  judge  to  declare  laws  null  and  void.  —  The 
theory  of  the  power  of  judges  to  declare  laws  void  is  as  follows. 
There  have  been  laid  do^vn  in  the  national  Constitution  and 
the  state  constitution  certain  rules  providing  that  the  exec- 
utive may  do  this  or  that  and  that  the  legislature  may  do 
this  and  not  do  that.  Suppose,  however,  that  the  legislature, 
in  spite  of  the  fact  that  it  is  forbidden  to  pass  a  law  abohshing 
jury  trial,  does  pass  such  a  law  any  way.  Suppose  a  citizen 
is  arrested  for  a  crime  and  is  brought  into  court  for  trial. 
He  says :  "  The  constitution  of  my  state  and  the  Constitu- 
tion of  the  United  States  both  provide  for  jury  trial  in  case 
of  a  serious  charge  like  this  against  me  and  I  claim  that  the 
law  recently  passed  by  the  legislature  abolishing  trial  by 
jury  is  contrary  to  the  higher  law — the  constitution  —  and  is 
therefore  null  and  void."  The  judge  is  under  oath  to  support 
the  constitutions  of  the  state  and  nation  ;  these  constitutions 
forbid  legislatures  to  abolish  trial  by  jury  in  serious  crimes ; 
he  must  choose  between  the  higher  law  —  the  constitution  — 
and  the  forbidden  law ;  and  he  inevitably  declares  the  for- 
bidden law  null  and  void.  Acts  of  Congress  may  be  declared 
void  as  contrary  to  the  federal  Constitution  by  state  as  well 
as  federal  judges,  but  there  is  always  an  appeal  to  the 
Supreme  Court  of  the  United  States  in  such  cases.  Acts  of 
state  legislatures  are  often  set  aside  by  federal  judges,  as 
contrary  to  the  federal  Constitution. 

Difficulties  arising  from  the  -power  of  the  judges  to  declare 
laws  void.  —  This  is  the  theory  of  the  system,  but  in  practice 


The  Great  Parts  of  American  Government  91 

the  matter  is  not  so  simple.  It  is  not  often  that  a  legislature 
makes  a  law  which  is  expressly  forbidden  by  the  constitution, 
and  if  the  courts  had  held  only  such  laws  void  there  would 
doubtless  have  been  little  controversy  about  the  matter. 
But  the  constitutions,  state  and  national,  do  not  contain 
many  clauses  forbidding  the  doing  of  definite  things  by  the 
executive  or  the  legislature ;  on  the  contrary,  they  lay  down 
rather  general  principles  which  may  be  interpreted  one  way  or 
another  according  to  the  views  of  the  judges  passing  upon 
them.  Here  is  where  the  trouble  comes  in.  The  legislature 
believes  that  it  has  the  power  to  pass  a  certain  law,  and 
thousands  of  voters  believe  that  the  law  is  both  desirable  and 
constitutional  (that  is,  not  forbidden  by  the  constitution) ; 
but  the  judges  of  the  courts  may  hold  an  opposite  view  and 
declare  the  law  null.  Then  there  is  an  outcry  that  the  judges 
are  biased  and  simply  setting  their  will  up  against  that  of  the 
voters  and  the  legislature. 

Proposals  to  change  the  present  judicial  system.  —  The 
action  of  the  United  States  courts  and  of  several  state  courts 
within  recent  years  in  setting  aside  laws  has  brought  about 
many  proposed  changes  in  the  system  which  now  gives  the 
judges  an  equal  position  with  the  legislature.  Some  go  as 
far  as  to  say  that  the  judges  have  no  business  at  all  to  set 
aside  laws ;  that  the  will  of  the  people  as  expressed  by  the 
legislature  in  a  law  should  be  supreme  as  in  England.  Other 
critics  do  not  go  as  far.  They  propose  that  the  voters 
should  elect  the  judges  of  the  United  States  courts,  who  are 
all  appointed  by  the  President  and  Senate  for  life,  as  we  shall 
see  later  (p.  117).  They  propose  also  that  all  state  judges 
should  be  elected  by  popular  vote  and  that,  whenever  a 
certain  percentage  of  the  voters  do  not  like  the  action  of  a 
judge  in  a  certain  case,  they  may  petition  for  his  recall 
and  compel  him  to  stand  for  a  new  election  even  in  the  middle 
of  his  term,  in  order  to  find  out  whether  the  voters  approve 
of  his  conduct  in  applying  the  law.     Still  others  propose  to 


92  American  Citizenship 

"  recall,"  not  the  judge,  but  his  decision,  permitting  a  certain 
number  of  petitioners  to  require  the  submission  of  the  de- 
cision of  the  judge  to  the  voters  to  see  whether  they  approve 
his  action  in  declaring  a  law  unconstitutional. 

Why  changes  in  the  judicial  system  are  demanded  by  some 
persons.  —  Advocates  of  these  changes  claim  that  what 
the  judge  does  in  setting  aside  a  law  is  to  put  his  will  in  the 
place  of  the  popular  will.  They  say  :  "  Judges  are  men  like 
the  rest  of  us,  influenced  by  what  they  read,  by  what  they 
have  experienced,  and  by  the  persons  with  whom  they  have 
associated.  When  they  put  on  the  judicial  robe  and  take 
their  places  on  the  bench,  they  do  not  cease  to  have  the 
views  which  they  had  as  private  citizens,  and,  if  they  thought 
a  law  undesirable  before  they  became  judges,  they  are  apt 
to  think  it  unconstitutional  as  judges.  The  judge  therefore 
is  reading  his  o^\ai  ideas  of  what  should  be  law  into  the  law 
when  he  holds  an  act  of  the  legislature  void.  Thus  the  judge 
is  really  superior  to  the  law  and  to  the  people's  will,  and  it  is 
necessary  to  make  him  subordinate  to  that  will." 

Why  changes  in  the  judiciary  are  opposed.  —  It  will  be  seen 
that  these  proposals  go  to  the  root  of  our  system  of  govern- 
ment. Those  who  oppose  these  changes  point  this  out. 
They  say  that  the  constitution  is  the  solemn  will  of  the 
voters  and  cannot  be  changed  except  in  the  way  provided 
for  amendment.  If  the  legislature  can  pass  any  law  it  pleases, 
there  is  no  necessity  of  having  a  constitution  at  all,  and  who- 
ever is  in  a  majority  to-day  in  the  legislature  can  change  the 
most  fundamental  matters,  such  as  trial  by  jury  or  the  right 
to  hold  one's  property.  Therefore,  the  opponents  of  change 
say  every  law  passed  by  the  legislature  should  be  liable  to 
examination  by  the  courts,  formed  to  studj^  the  rules  laid 
down  in  constitutions  and  to  prevent  hasty  and  unjust  actions 
on  the  part  of  the  voters  or  the  legislature  whom  they  elect. 

Hoiv  our  system  of  separation  of  powers  checks  hasty  action. 
—  It  will  thus  be  seen  that  our  separation  of  powers  brings 


The  Great  Parts  of  American  Government  93 

about  a  great  deal  of  friction  between  the  legislature  and  the 
executive  and  the  judiciary.  They  are  always  checking  one 
another,  and  not  infrequently  they  are  quarreling  among 
themselves  as  to  their  respective  rights  and  powers  and  duties. 
The  voters  are  in  much  confusion  as  to  which  branch  of  the 
government  most  deserves  their  sympathy  and  support; 
and  so  it  often  comes  about  that  only  when  a  considerable 
majority  of  the  voters  are  bound  and  determined  to  get  a 
certain  important  law  passed  is  it  possible  to  bring  all  three 
branches  into  harmony. 

The  majority  rules  in  the  long  run.  —  It  does  not  prevent 
the  majority  from  having  its  way  finally,  but  it  cannot 
have  its  way  quickly  or  easily.  A  good  example  of  this  is 
the  federal  income  tax.  In  1894  Congress  passed  a  law 
laying  a  federal  tax  on  incomes ;  in  1895  the  Supreme  Court 
of  the  United  States  set  it  aside  as  violating  the  Constitu- 
tion. Those  who  believed  in  the  income  tax  continued  their 
agitation  to  amend  the  Constitution  so  as  to  get  around  the 
decision  of  the  Court,  and  after  nearly  twenty  years  (1895- 
1913)  they  were  able  to  secure  an  amendment  allowing 
Congress  to  lay  income  taxes.  Those  who  \vant  to  see  things 
done  in  a  hurry  say  that  this  is  too  long ;  those  opposed  to 
radical  changes  reply  that  it  is  better  to  run  the  risk  of  being 
too  long  about  an  important  matter  than  to  do  things  in  too 
great  a  rush. 


Questions 

1.  What  are  the  three  parts  of  American  government  and  what 
is  the  function  of  each  ? 

2.  What  is  the  theory  behind  this  division  of  activity  ? 

3.  What  are  some  of  the  disadvantages  of  this  division  ? 

4.  Is  the  distinction   sharp    between    these    divisions?     Illus- 
trate your  answer  by  some  examples. 

5.  In  what  sense  is  a  judge  a  political  factor  ? 

6.  What  are  iudgp-made  laws? 


94  American  Citizenship 

7.  What  changes  are  proposed  in  our  judicial  system  ? 

8.  What  do  opponents  of  those  changes  say  ? 

9.  Why  should  we  have  respect  for  the  law  ? 

10.  Explain  what  is  meant  by  government  by  majority  rule. 


Additional  Reading 

The  Separation  of  Powers:    Beard,  American  Government,  pp. 

152-155  ;    164-165  ;   Beard,  Readings,  pp.  49-53  ;    138-140. 
Congress  and  the  President:    Bryce,  American  Commonwealth, 

Vol.  I,  pp.  209-228. 
The  Courts  and  the  Constitution:  Bryce,  Vol.  I,  pp.  242-261, 

262-277. 
The    Power    of    Passing     upon    the     Constitutionality     of 

Statutes  :  Beard,  American  Government,  pp.  307-314  ;   Beard, 

Readings,  pp.  274-290, 


CHAPTER  VIII 
THE    NATIONAL    GOVERNMENT 

I.    The  national  government  is  constitutional. 
1.  The  method  of  amending  the  Constitution. 
II.    The  national  government  is  representative. 

1.  The  parts  of    the  national  government  chosen  by  the 
voters. 

III.  The  two  houses  of  Congress. 

IV.  The  House  of  Representatives. 

1.  Taking  the  census  in  order  to  apportion  Representatives. 

2.  Fixing  the  number  of  Representatives. 

3.  The  numbers  of   voters  in  the  congressional   districts 

are  unequal. 

4.  Election  of  Representatives. 

5.  Qualifications  of  the  Representatives. 

6.  How  the  voter  takes  part  in  choosing  a  Representative. 
V.    The  Senate. 

1.  The  election  of  Senators. 

2.  The  qualifications  and  terms  of  Senators. 

3.  The  reason  for  electing  only  one-third  at  a  time. 

VI.  The  meetings  of  Congress :   long  and  short  sessions. 

VII.  The  presiding  officers. 
VIII.    The  making  of  laws. 

1.  The  committees  of  Congress. 

2.  How  the  committee  handles  bills. 

3.  Voting  on  bills  in  the  two  houses. 
IX.    The  powers  of  Congress. 

X.    The  special  powers  of  the  Senate. 
XI.    The  election  of  the  President. 

1.  Why  the  President  is  not  elected  by  direct,  popular  vote. 

2.  How  presidential  electors  are  chosen. 

3.  The  nomination  of  presidential  candidates. 

4.  The  presidential  primary. 

5.  The  campaign. 

6.  The  presidential  election. 

95 


96  American  Citizenship 

7.  Casting  and  counting  the  electoral  vote. 

8.  Disputed  elections. 

XII.    The  qualifications,  term,  and  pay  of  the  President. 

XIII.  Appointing  federal  officers. 

1.  The  civil  service  law  of  1883. 

2.  The  troubles  of  the  President  in  making  appointments. 

XIV.  The  President  must  enforce  the  law. 

XV.   Pardoning  offenders  against  the  federal  laws, 
XVI.    The  President  as  a  military  commander. 
XVII.    The  President  and  Congress  :   the  message. 

1.  The  use  of  the  veto  power. 

2.  Special  sessions  of  Congress. 

3.  How  treaties  are  made. 

XVIII.    The  President  may' recognize  foreign  countries. 
XIX.    The  President's  helpers. 

1.  The  Cabinet  and  the  President. 

2.  The  Cabinet  and  Congress. 

3.  Congress  might  control  the  Cabinet. 

4.  The  distribution  of  work  in  each  Department. 
XX.    The  federal  courts. 

1.  The  power  of  Congress  over  the  federal  courts. 

2.  How  the  federal  courts  are  brought  near  to  the  citizen. 
XXI.    What  matters  go  into  federal  courts. 


The  national  government  is  constitutional,  —  The  national 
government  is  constitutional ;  that  is,  its  framework  and 
powers  are  described  in  a  famous  document  drafted  in  1787 
(p.  84)  and  the}-  cannot  be  changed  except  in  a  special 
manner,  by  amendment.  This  Constitution  falls  into  four 
main  parts.  It  stipulates  (a)  how  the  Congress  or  law- 
making body,  the  President  or  chief  executive  officer,  and  the 
supreme  judges  shall  be  elected  or  chosen;  (b)  what  powers 
over  the  affairs  of  the  people  each  of  the  throe  branches  shall 
enjoy;  (c)  what  limitations  shall  be  imposed  on  the  state 
governments ;  (d)  and  how  the  document  itself  may  be 
amended.  The  seventeen  amendments  which  have  been 
added  merely  deal  with  one  or  more  of  the  parts  just  enu- 
merated. 


The  National  Government  97 

The  method  of  amending  the  Constitution.  —  This  Constitu- 
tion differs  from  any  law  made  by  Congress  in  that  it  may  be 
altered  only  by  an  extraordinary  method.  A  change  in 
the  Constitution  may  be  made  by  a  resolution  passed  by  a 
majority  of  two-thirds  in  each  house  of  Congress  and  ap- 
proved by  the  legislatures  or  by  conventions  in  three-fourths 
of  the  states.  A  second  way  of  changing  the  Constitution 
is  for  Congress,  on  the  application  of  two-thirds  of  the  state 
legislatures,  to  call  a  national  convention  to  propose  amend- 
ments, which  amendments  must  be  approved,  however,  by  the 
legislatures  or  by  conventions  in  three-fourths  of  the  states. 
The  only  method  which  has  thus  far  been  employed  is  that  of 
passage  by  Congress  and  ratification  by  state  legislatures. 
The  rule  that  it  takes  a  two-thirds  vote  in  Congress  and  the 
approval  of  three-fourths  of  the  states  makes  it  difficult  to 
change  the  Constitution  unless  a  very  large  majority  of  the 
people  are  in  favor  of  it. 

The  national  government  is  representative.  —  Since  there 
are  about  fifteen  million  voters  in  the  United  States,  it  is  im- 
possible for  them  to  assemble  at  one  time  and  place  to  make 
laiown  their  needs  and  wishes  about  laws  and  their  enforce- 
ment. They  therefore  choose  agents  to  go  to  Washington  to 
enact  the  laws  for  the  nation  and  to  look  after  putting  them 
into  effect.  Thus  our  national  government  is  ''  represent- 
ative "  in  character,  not  a  direct  democracy  in  which  all 
voters  act  for  themselves. 

The  parts  of  the  national  government  chosen  hy  the  voters.  — 
The  voters  send  three  kinds  of  agents  to  Washington  to  carry 
out  their  will :  (1)  four  hundred  and  thirty-five  Representa- 
tives, one  for  about  every  220,000  persons  in  the  United 
States  ;  (2)  two  Senators  from  each  state  ;  and  (3)  a  President 
and  Vice  President  representing  the  whole  union.  The  first 
two  groups  of  agents  are  elected  by  the  voters  directly,  and 
the  President  and  Vice  President  are  chosen  by  electors 
selected  by  the  voters. 


gS  American  Citizenship 

The  Congress  of  the  United  States 

The  two  houses  of  Congress.  —  Those  representatives  who 
are  sent  to  Washington  to  make  laws  are  called  Congressmen, 
and  all  of  them  together  are  called  "  The  Congress  of  the 
United  States."  This  body  is  composed  of  two  groups  or 
Houses,  as  they  are  termed:  the  House  of  Representatives, 
consisting  of  four  hundred  and  thirty-five  members,  and  the 
Senate,  consisting  of  ninety-six  members.  There  are  two 
reasons  given  for  dividing  Congress  into  two  houses  instead 
of  putting  all  of  the  lawmakers  into  one  body :  (a)  In  the 
lower  house  the  people  of  each  state  are  represented  roughly 
according  to  their  numbers,  so  that  a  large  and  populous 
state  like  New  York  may  have  more  members  than  a  small 
state  like  Delaware ;  while  in  the  upper  house  each  state  en- 
joys equal  power,  because  it  has  two  Senators.  Without 
this  arrangement  it  would  have  been  impossible  to  have 
formed  the  Constitution  of  the  Union  in  1787,  for  the  small 
states  demanded  equality,  (h)  The  two  houses  are  sup- 
posed to  check  and  balance  each  other  and  thus  prevent 
impulsive  action  on  the  part  of  either. 

The  House  of  Representatives.  —  The  House  of  Represent- 
atives is  now  composed  of  four  hundred  and  thirty-five 
members.  The  number  is  fixed  by  Congress  itself  every  ten 
years  after  the  national  census  is  taken.  The  number  is  then 
apportioned  among  the  states  roughly  according  to  popula- 
tion —  about  one  Representative  for  every  220,000  people ; 
but  each  state  has  at  least  one  Representative  even  though  it 
does  not  have  220,000  inhabitants.  Although  these  Repre- 
sentatives are  elected  directly  by  the  voters,  the  theory  is 
that  they  represent  those  who  cannot  vote  also.  This  is 
called  "  virtual  representation,"  as  opposed  to  direct  represen- 
tation by  personal  choice  through  the  ballot. 

Taking  the  census  in  order  to  apportion  Representatives.  — 
Every  ten  years  a  census  of  the  population  of  the  United 


The  National  Government  99 

States  is  taken  in  order  to  readjust  representation  according 
to  the  growth  or  decline  of  population  in  each  state.  Em- 
ployees of  the  federal  government  are  sent  from  house  to 
house  throughout  the  entire  country  to  get  information  about 
the  number  of  the  people ;  and  within  recent  years  informa- 
tion about  other  matters,  such  as  occupations,  wealth,  in- 
dustry, and  crops,  has  been  collected  at  the  same  time.  There 
is  an  office  in  Washington  known  as  the  Bureau  of  the  Census 
where  this  information  is  all  received  and  tabulated. 

Fixing  the  number  of  Representatives.  —  After  each  census 
Congress  fixes  the  number  of  Representatives  and  then  this 
number  is  divided  among  the  several  states  on  the  basis  of 
their  respective  populations.  The  state  legislature  must  lay 
out  the  state  into  districts  so  that  not  more  than  one  member 
shall  be  elected  from  each,  but  if  the  state  legislature  does 
not  do  this,  all  the  members  (in  the  case  of  a  new  state)  or 
the  members  added  by  the  new  apportionment  are  elected 
"  at  large  "  ;  that  is,  by  all  the  voters  of  the  state.  In  laying 
out  districts,  the  political  party  in  power  in  the  state  legisla- 
ture usually  does  not  make  the  congressional  districts  equal  in 
population,  but  tries  to  arrange  them  so  as  to  get  as  many 
of  its  members  elected  as  possible.  This  practice  of  out- 
witting the  opposite  party  in  arranging  congressional  dis- 
tricts is  known  as  ''  Gerrymandering." 

The  numbers  of  voters  in  the  congressional  districts  are  very 
unequal.  —  It  will  be  noted  that  the  number  of  Representa- 
tives which  each  state  gets  depends  upon  its  population,  not 
upon  the  number  of  voters ;  but  the  Constitution  adds  that 
if  any  state  deprives  any  of  its  adult  male  citizens  of  the  vote, 
it  shall  have  its  number  of  Representatives  reduced  in  propor- 
tion. That  is,  if  a  state  by  law  excluded  one-third  of  its 
adult  male  citizens  from  the  vote,  it  should  have  one- 
third  of  its  Representatives  taken  from  it.  The  Southern 
states,  as  we  have  seen,  have  deprived  most  of  the  negroes 
of  the  ballot ;  but  no  attempt  is  made  to  enforce  this  portion 


icxD  American  Citizenship 

of  the  Constitution  (the  Fourteenth  Amendment)  against 
them.  Thus  it  came  about  in  1912  that  one  Representative 
from  Mississippi  was  chosen  by  3,154  voters,  while  in  a  dis- 
trict in  CaUfornia  where  women  vote,  the  Representative 
elected  had  20,341  votes,  one  of  his  opponents  18,756  votes, 
another  opponent  10,585  votes,  and  a  third  opponent  4,892 
votes.  That  is,  a  defeated  candidate  from  this  California 
district  got  six  times  as  many  votes  as  did  the  elected  member 
from  the  Mississippi  district. 

Election  of  Representatives.  —  Members  of  the  House  of 
Representatives  are  elected  every  two  years,  in  the  even 
numbered  years,  1914,  1916,  1918 ;  and  the  election  is  held 
in  every  state  except  Maine  on  the  Tuesday  following  the 
first  Monday  in  November.  In  case  of  a  disputed  election, 
where  two  or  more  persons  claim  the  place,  the  House  itself 
decides  the  matter  after  having  an  investigation  by  one  of  its 
three  committees  on  elections. 

Qualifications  of  the  Representative.  —  A  Representative 
must  have  been  a  citizen  of  the  United  States  for  at  least 
seven  years ;  he  must  be  twenty-five  years  of  age  and  an 
inhabitant  of  the  state  in  which  he  is  chosen.  He  cannot  be 
at  the  same  time  an  officer  of  the  federal  government,  and  he 
is  usually  a  resident  of  the  congressional  district  from  which 
he  is  chosen.  He  is  paid  a  salary  of  $7500  a  year,  and  he  is 
allowed  "mileage"  or  traveling  expenses  at  the  rate  of  twenty 
cents  a  mile  to  and  from  Washington.  He  is  also  given  a 
certain  amount  for  clerk  hire,  stationery,  and  other  minor 
expenses. 

How  the  voter  takes  part  in  choosing  a  Representative.  — 
Each  citizen  is  a  resident  of  some  congressional  district 
from  which  a  member  of  Congress  is  chosen.^  If  the  citizen  is 
a  voter,  then  he  or  she  is  called  upon  in  the  autumn  of  every 

'  The  District  of  Columbia  has  no  Representative  in  Congress.  Hawaii, 
Alaska,  and  Porto  Rico  send  one  delegate  each  to  the  House  and  the  Phil- 
ippines two  delegates,  but  they  have  no  vote. 


The  National  Government  loi 

even  numbered  year  to  vote  for  some  candidate  for  that  place. 
But  before  the  election  the  "  nomination  "  takes  place  ;  that 
is,  each  political  party  selects  its  candidate  for  membership  in 
the  House  of  Representatives.  The  voter  takes  part  as  a 
member  of  his  party  in  making  this  nomination,  either  by 
choosing  from  among  a  number  of  party  members  who 
are  "  up  for  the  nomination "  at  a  direct  primary  (p. 
148),  or  by  voting  for  one  or  more  delegates  to  go  to  a  con- 
gressional district  convention  to  make  the  party's  selection  for 
the  place.  The  voter  must  watch  out,  therefore,  for  the 
"  primary  "  at  which  it  is  decided  who  shall  be  the  candidate 
of  his  party  as  well  as  for  the  election  at  which  the  final  choice 
is  made. 

The  Senate.  —  The  Constitution  prescribes  that  there 
shall  be  two  Senators  from  each  state  and  adds  that  no  state 
shall  ever  be  denied  its  equal  representation  without  its  own 
consent.  Senators  are  not  apportioned,  therefore,  according 
to  population,  for  the  very  smallest  state  has  an  equal  repre- 
sentation with  the  largest.  New  York  State,  with  a  popula- 
tion of  nine  millions,  in  round  numbers,  has  one  Senator  for 
every  4,500,000 ;  Nevada,  with  eighty-one  thousand  inhabit- 
ants, has  one  Senator  for  every  40,000.  That  is,  one  voter 
for  a  United  States  Senator  from  Nevada  is  equal  to  one 
hundred  voters  in  New  York.  Nevada  has  one  hundred 
times  the  representation  in  the  Senate  to  which  it  would  be 
entitled  according  to  the  rule  of  population. 

The  election  of  Senators.  —  Another  part  of  the  plan  of  the 
founders  of  our  government  for  making  the  Senate  more  sober 
and  conservative  and  less  liable  to  hasty  action  was  the  orig- 
inal provision  that  Senators  should  be  elected  "  indirectly  "  ; 
that  is,  not  by  the  voters,  but  by  the  legislatures  of  the  re- 
spective states.  The  founders  thought  that  if  candidates  for 
the  Senate  were  compelled  to  go  out  in  campaigns  and  appeal 
to  the  voters  directly  for  their  votes,  they  would  be  too  much 
in  sympathy  with  popular  demands,  and  would  therefore  not 


I02  American  Citizenship 

be  a  check  on  the  House  at  all.  There  was  some  objection  to 
this  plan,  even  at  first,  however,  and  more  than  seventy-five 
years  ago  an  amendment  was  proposed  in  Congress  to  the 
effect  that  Senators  should  be  elected  directly  by  the  voters 
just  as  were  the  governors  of  the  states.  The  amendment  was 
not  adopted,  and  the  matter  was  dropped  until  after  the  Civil 
War.  The  Senate  was  unwilling  to  provide  for  a  popular  elec- 
tion and  defeated  the  efforts  of  the  House  of  Representatives 
to  pass  the  amendment  until  1911-1912  when  it  was  at  last 
carried,  submitted  to  the  states  for  ratification,  and  in  1913 
became  the  Seventeenth  Amendment  to  the  Constitution. 
Henceforward,  United  States  Senators  are  to  be  elected 
by  popular  vote. 

The  qualifications  and  terms  of  Senators.  —  The  Senator 
must  be  at  least  thirty  years  old  —  five  years  older  than  the 
Representative ;  he  must  have  been  a  citizen  for  nine  years 
and  he  must  be  an  inhabitant  of  the  state  that  sends  him. 

The  term  of  the  Senator  is  six  years  —  three  times  as  long  as 
that  of  the  Representative.  Moreover,  all  of  the  Senators 
are  not  elected  at  once  as  are  the  members  of  the  House. 
One-third  of  the  Senators  are  elected  every  two  years,  so 
that  only  one-third  of  the  body  is  renewed  at  every  election. 

The  reason  for  electing  only  one-third  at  a  time.  —  This  plan 
for  having  only  one-third  of  the  members  elected  at  one  time 
is  a  part  of  the  general  scheme  of  the  framers  of  the  Constitu- 
tion for  preventing  impulsive  action  on  the  part  of  the  legis- 
lature. If  all  the  members  of  both  houses  were  elected  at 
one  election,  after  an  exciting  campaign,  they  might  come 
together  in  great  fervor  and  pass  many  laws  without  due 
deliberation.  As  it  is,  there  is  always  a  majority  of  the  mem- 
bers of  the  Senate  already  in  office  and  prepared  to  check 
any  hurried  action  on  the  part  of  the  Representatives  and 
those  Senators  who  have  just  come  in. 


The  National  Government  103 

Congress  at  Work 

The  meetings  of  Congress :  long  and  short  sessions.  — 
Congress  meets  every  year  on  the  first  Monday  in 
December.  The  Congress  elected  in  November,  1914,  for 
example,  meets  for  its  first  or  "  long  "  session  on  the  first 
Monday  in  December,  1915,  unless  the  President  calls  it 
in  a  special  session  (p.  113).  This  first  session  of  a  Con- 
gress lasts  mitil  all  business  on  hand  is  transacted.  It 
usually  adjourns  the  following  spring  or  early  in  the  summer, 
but  there  have  been  instances  of  the  first  session  of  a  Congress 
lasting  from  December  until  the  following  October.  The 
second  session  of  the  Congress  elected  in  1914  begins  on 
the  first  Monday  in  December,  1916,  and  lasts  until  the  fol- 
lowing March  4th. 

The  presiding  oflSicers.  —  In  order  that  it  may  have 
regular  debates  and  conduct  its  business  in  a  systematic 
fashion,  each  house  has  a  presiding  officer  and  a  set  of  rules 
stating  how  laws  shall  be  passed,  debates  conducted,  and 
votes  taken.  The  Vice  President  of  the  United  States  presides 
over  the  Senate  and  has  a  vote  in  case  there  is  a  tie ;  but,  in 
the  absence  of  the  Vice  President,  the  Senate  chooses  one  of  its 
own  members  to  preside.  In  the  House  the  presiding  officer 
is  known  as  the  Speaker.  He  is  selected  by  the  "  caucus  " 
of  the  party  which  has  a  majority  in  the  House,  and  his 
nomination  is  formally  approved  by  the  House.  The  pre- 
siding officer  chosen  by  each  house  is  a  member  of  the  polit- 
ical party  which  has  a  majority  in  it.  When  there  is  a 
Democratic  House,  the  Speaker  is  a  Democrat. 

The  making  of  laws.  —  How  are  laws  made  by  Congress? 
Any  member  of  either  house  may  write  out  any  bill  —  pro- 
posed law  —  which  he  wishes  passed  and  introduce  it.  There 
is  one  exception  to  this  rule.  Senators  do  not  introduce  bills 
providing  for  laying  taxes  because  all  such  bills  must  start  in 
the  House  of  Representatives,  although  the  Senate  can  amend 


104  American  Citizenship 

House  bills  raising  money.  A  member  may  introduce  as 
many  bills  as  he  pleases,  and  more  than  thirty  thousand  are 
introduced  in  every  session  of  Congress. 

The  committees  of  Congress.  —  When  a  bill,  or  draft  of  a 
law,  is  introduced  in  either  house,  it  is  referred  to  a  committee. 
It  would  be  impossible  for  each  house  to  take  up  in  order,  as 
introduced,  every  bill  and  discuss  it.  Accordingly,  each 
house  appoints  a  large  number  of  committees  composed  of 
from  five  to  fifteen,  or  even  more,  members.  It  is  so  ar- 
ranged as  to  give  the  political  party  that  has  a  majority  in  the 
House  of  Representatives  a  majority  on  each  committee  of 
the  House ;  and  the  same  rule  is  usually  followed  in  the 
Senate.  Consequently,  each  committee  is  a  sort  of  model  of 
the  house  itself.  There  is  a  committee  for  every  important 
group  of  matters  which  Congress  has  to  consider.  The 
committee  on  Ways  and  Means  of  raising  revenue  is  the 
most  important  in  the  House,  and  a  similar  committee  on 
Finance  is  the  most  important  in  the  Senate. 

How  the  committee  handles  bills.  —  When  a  bill  is  introduced, 
it  is  at  once  put  into  the  hands  of  the  proper  committee, 
which  decides  whether  or  not  the  bill  shall  come  before  the 
house  for  debate  and  passage.  The  committee  has  a  room  of 
its  o^\ai,  with  books  and  papers  bearing  on  the  affairs  which 
it  considers,  and  it  has  clerks  and  sometimes  experts  to  advise 
it  on  important  matters.  It  may  summon  private  persons  to 
tell  what  they  know  about  any  proposed  bill  and  permit  them 
to  say  whether  the  bill  should  pass  or  not  and  why.  If  the 
committee  decides  to  report  the  bill  to  the  house  for  debate, 
it  may  report  it  in  the  form  in  which  it  was  introduced  or  it 
may  make  changes.  If  the  committee  decides  against  any  bill, 
it  is  almost  impossible  to  get  it  before  the  house  for  debate. 

Voting  on  hills  in  the  two  houses.  —  Wlien  a  bill  is  reported 
from  the  committee  it  is  discussed  on  "  a  second  reading  " 
in  the  house  for  a  certain  length  of  time  according  to  the  rules, 
and  then  a  vote  is  taken  upon  it.     In  transacting  business  it  is 


The  National  Government  105 

necessary  that  there  should  be  a  quorum  present  —  at  least 
one  more  than  one-half  the  total  number  of  members.  If  a 
majority  of  the  quorum  present  vote  "  aye  "  on  the  bill  on 
its  second  and  third  readings,  it  is  sent  to  the  other  house  for 
action.  It  there  goes  through  the  same  process  and  if  passed 
it  is  sent  to  the  President  for  his  signature  (p.  112). 
If  the  two  houses  disagree  on  a  bill,  each  appoints  a 
small  number  of  members  to  hold  a  joint  conference  and  come 
to  some  compromise  if  possible.  It  is  customary  for  both 
houses  to  accept  an  agreement  thus  reached  by  a  joint  con- 
ference committee. 

The  powers  of  Congress.  —  Congress  has  only  those  powers 
which  are  given  to  it  by  the  Constitution  (p.  315),  and  they 
are  in  the  main  as  follows : 

(a)  To  lay  and  collect  taxes. 

(&)  To  regulate  foreign  and  interstate  commerce. 
(c)  To  declare  war  and  maintain  an  army  and  navy. 
{d)  To  create  a  monetary  system, 
(e)  To  establish  post  offices  and  post  roads. 
(/)  To  govern  the  territories  and  the  District  of  Columbia. 
{g)  To  make  all  laws  necessary  to  carry  into  effect  the  powers 
conferred  above. 

It  is  important  that  the  student  should  know  this  list  of 
powers,  but  as  we  shall  see  below  (p.  178,  for  example)  it 
really  does  not  tell  us  very  much  about  what  Congress  can 
actually  do  in  any  specific  case. 

The  special  powers  of  the  Senate.  —  While  it  is  apparent 
that  the  two  houses  enjoy  almost  equal  rights  in  lawmaking, 
there  are  other  matters  in  which  their  powers  are  differ- 
ent. The  Senate  has  the  power  of  approving  or  rejecting 
treaties  which  the  President  may  make  with  foreign  countries 
(p.  114) ;  and  the  Senate  also  has  the  power  to  exam- 
ine the  nominations  made  by  the  President  to  certain  high 
offices  and  to  approve  or  reject  them  (p.  110).  The 
House  of  Representatives  cannot  interfere  in  these  matters 


io6  American  Citizenship 

but  it  can  start  an  action  to  remove  any  federal  officer,  even 
the  President  himself,  by  voting  to  impeach  him  before  the 
Senate.  When  the  House  decides  to  impeach  an  officer  by  a 
vote,  the  officer  is  tried  before  the  Senate  acting  very  much 
like  a  court.  A  committee  from  the  House  accuses  the 
officer  before  the  Senate  of  the  crimes  or  misdemeanors  in 
question,  witnesses  are  heard,  speeches  for  and  against  the 
accused  are  made,  and  the  Senate  by  a  two-thirds  vote  may 
convict.  Conviction  amounts  to  removal  from  office  and 
to  disqualification  to  hold  any  other  federal  office. 

The  President  of  the  United  States 

The  election  of  the  President.  —  The  representative  of  the 
voters  of  the  nation  at  large  is  the  President.  The  Vice 
President  has  so  little  to  do  with  the  government  that  he 
quite  properly  receives  slight  attention.  He  presides  over 
the  Senate  and  may  have  a  taste  of  power  in  case  there  is  a 
tie  vote  on  a  question,  when  he  decides  the  matter.  A  Vice 
President  is  chosen  for  the  purpose  of  having  another  officer 
ready  in  case  the  President  dies  or  is  incapacitated  to  act  as 
chief  executive. 

Why  the  President  is  not  elected  by  direct  popular  vote.  — ■ 
The  President  and  Vice  President  are  not  elected  by  the 
voters  directly.  The  framers  of  our  Constitution  had  in 
mind  the  same  idea  with  regard  to  the  presidency  that  they 
had  with  regard  to  the  Senate.  They  feared  stirring  up  too 
much  popular  excitement  over  the  election  of  the  President 
in  case  the  voters  could  cast  their  ballots  directly  for  candi- 
dates for  that  high  office.  They  therefore  provided  for  the 
selection  of  a  special  body  of  men  (to  be  chosen  in  each  state 
as  the  legislature  thereof  might  decide)  whose  sole  business 
it  should  be  to  look  over  the  field  and  very  solemnly  and 
deliberately  discover  the  best  man  for  President.  This 
special  body  is  known  as  the  presidential  electoral  college, 


The  National  Government  107 

and  each  state  is  entitled  to  a  number  of  electors  equal  to  its 
number  of  Representatives  and  Senators  at  Washington 
(p.  98). 

How  presidential  electors  are  chosen.  —  At  first  many  of  the 
state  legislatures  chose  the  presidential  electors  without 
referring  the  matter  to  the  voters  at  all ;  but  after  a  time 
every  state  provided  that  its  presidential  electors  should  all 
be  elected  on  a  general  ticket  by  the  voters.  That  is,  if  a 
state  is  entitled  to  ten  electors  because  it  has  eight  Repre- 
sentatives and  two  Senators,  every  voter  is  given  the  right 
to  vote  for  ten  persons  on  the  same  ticket.  In  fact  each 
of  the  political  parties  in  every  state  selects  a  complete  list 
of  electors  for  the  state,  and  the  voters,  in  voting  the  party 
ticket,  simply  approve  the  entire  list  thus  prepared. 

The  nomination  of  'presidential  candidates.  —  The  most 
important  preliminary  to  the  election  of  the  President  is  the 
nomination.  Every  four  years,  in  the  summer  before  the 
election,  each  party  holds  a  national  convention  com- 
posed of  several  hundred  delegates  apportioned  among  the 
several  states,  and  chosen  by  the  party  members,  either 
directly  or  indirectly ;  and  the  convention  selects  the  mem- 
bers of  the  party  who  are  to  be  the  candidates  for  President 
and  Vice  President.  Then  in  each  state  the  party  fixes  up  a 
list  of  candidates  for  the  office  of  presidential  elector,  all  of 
whom,  it  is  known  in  advance,  will  vote  for  the  man  selected 
by  the  convention  as  the  party's  choice  for  President.  Thus 
by  a  very  roundabout  way  we  have  something  like  a  popular 
election  of  the  President.  The  method  is  the  same,  of  course, 
for  the  Vice  President. 

The  presidential  primary.  —  In  order  to  put  the  choice  of 
President  more  directly  into  the  hands  of  the  voters,  several 
states  have  set  up  what  are  called  "  presidential  preference 
primaries  "  which  permit  party  members  not  only  to  select 
delegates  to  the  national  convention  but  also  to  say  whom 
they  want  their  national   convention   to   nominate.     This 


io8  American  Citizenship 

system  was  tried  in  Massachusetts,  New  Jersey,  California, 
Oregon,  and  a  few  other  states  in  the  campaign  of  1912,  and 
some  people  are  so  bold  as  to  prophesy  that  the  national  con- 
vention will  be  abolished  soon,  or  at  least  become  a  mere 
assembly  for  registering  the  choice  made  by  the  party  voters 
at  the  primaries. 

The  campaign.  —  After  the  nomination  is  made  by  the 
party,  the  national  committee  of  each  party  begins  the  cam- 
paign to  win  the  election.  It  appoints,  with  the  advice  of  the 
candidate  for  President,  a  chairman  and  a  treasurer  to  man- 
age the  campaign  and  raise  funds  to  pay  expenses.  A  million 
dollars  or  more  is  usually  spent  in  a  campaign  by  each  of  the 
old  parties,  and  the  sums  of  money  raised  from  rich  men  to 
defray  the  expenses  are  so  enormous  as  to  constitute  a  grave 
menace  (p.  156) ;  for  the  practice  gives  undue  strength 
to  the  party  with  the  longest  purse. 

The  presidential  election.  —  The  voter  on  the  day  of  a 
presidential  election  (Tuesday  following  the  first  Monday  in 
November  every  four  j-ears,  1916,  1920,  etc.)  does  not  in  fact, 
however,  vote  for  nominees  for  President  and  Vice  President, 
although  their  names  appear  on  the  ballot  under  the  emblem 
of  his  party.  He  chooses  from  the  candidates  for  presi- 
dential electors,  whose  names  have  been  placed  on  the  ballot 
by  the  respective  political  parties.  At  the  presidential  elec- 
tion there  is  chosen  in  each  state  a  number  of  electors  equal  to 
the  number  of  Senators  and  Representatives  of  that  state  in 
Congress.  The  party  which  has  the  most  votes  secures  all  of 
the  electors,  for  usually  the  voter  votes  for  all  the  candidates 
for  elector  nominated  by  his  party  and  only  under  exceptional 
circumstances  are  presidential  electors  chosen  from  more 
than  one  political  party  in  the  same  state. 

Casting  and  counting  the  electoral  vote.  —  The  electors  of 
each  state  meet  at  the  state  capitol  on  the  second  Monday 
in  January  following  the  November  election  and  cast  their 
ballots  for  the  nominees  of  their  party  for  President  and  Vice 


The  National  Government  109 

President.  The  copies  of  ballots  thus  cast  by  the  electors  of 
the  several  states  are  then  sent  to  the  President  of  the  Senate 
of  the  United  States.  On  the  second  Wednesday  in  February 
following,  the  president  of  the  Senate  in  the  presence  of  the 
Senators  and  Representatives  in  joint  session  opens  the 
ballots,  and  they  are  counted.  The  two  candidates  for  Presi- 
dent and  Vice  President  having  a  majority  respectively  are 
declared  to  be  elected.  The  inauguration  follows  on  March 
4th. 

Disputed  elections.  —  In  case,  however,  no  candidate 
receives  a  majority  of  the  electoral  votes  for  President,  the 
House  of  Representatives  must  choose,  by  majority  vote,  a 
President  from  among  the  three  candidates  standing  highest 
in  the  election,  and  when  the  House  so  elects,  all  of  the  Repre- 
sentatives from  each  state  have  only  one  vote.  How  that  is 
to  be  cast  they  must  decide  for  themselves.  In  case  no  one 
receives  a  majority  for  Vice  President,  the  choice  of  that 
officer  is  made  by  the  Senate,  each  Senator  having  one  vote. 
There  have  been  two  instances  of  such  elections  of  President : 
in  1800  when  Jefferson  and  Burr  were  tied,  and  in  1824  when 
there  were  four  candidates  who  received  electors'  votes  and 
John  Q.  Adams  was  chosen  by  the  House. 

The  qualifications,  term,  and  pay  of  the  President.  —  The 
President  must  be  thirty-five  years  old,  a  native-born  citizen 
of  the  United  States,  and  fourteen  years  a  resident  of  the 
United  States.  His  term  of  office  is  four  years,  and  he  may 
be  reelected  for  any  number  of  terms,  although  custom  has 
decreed  that  no  President  shall  have  more  than  two  terms 
—  at  least  in  succession.  The  President's  salary  is  $75,000 
a  year,  and  he  is  given  the  use  of  the  Executive  Mansion,  or 
White  House  as  it  is  known,  and  a  considerable  sum  of 
money  for  traveling  and  other  expenses.  The  Vice  President 
is  paid  .S12,000  a  year  but  is  not  furnished  a  house  free  of 
charge. 


no  American  Citizenship 

The  President  at  Work 

The  President  has  two  kinds  of  duties  to  perform :  (a) 
those  laid  upon  him  by  law,  and  (6)  those  which  he  chooses 
to  undertake  as  a  man  and  as  the  leader  of  the  political  party 
which  placed  him  in  power. 

Appointing  federal  officers.  —  One  of  the  most  difficult 
tasks  confronting  a  new  President  on  his  inauguration  is  the 
appointing  of  several  thousand  officers  in  the  federal  govern- 
ment. There  are  in  all  about  400,000  federal  officers,  but  a 
majority  of  these  are  selected  by  competitive  examinations. 
There  are  only  about  10,000  officers  who  are  appointed  by 
the  President  himself,  usually  with  the  consent  of  the  Senate. 
The  most  important  of  these  are  the  following : 

The  ten  members  of  his  Cabinet. 

Federal  judges  (when  there  are  vacancies). 

Postmasters  in  the  more  important  towns  and  cities. 

Collectors  of  customs  at  the  ports. 

District  attorneys. 

Ambassadors,  consuls,  and  other  representatives  of  the 
United  States  abroad. 

Heads  of  important  bureaus  in  Washington,  like  the  Com- 
missioner of  Immigration  and  the  Director  of  the  Census. 

The  civil  service  law  of  1883.  —  In  older  days  it  was  cus- 
tomary for  a  new  President  to  turn  out  of  office  those  who  did 
not  belong  to  his  political  party,  and,  whenever  parties 
changed,  the  whole  army  of  federal  employees  was  dismissed. 
'  The  practice  of  distributing  offices  among  political  colleagues 
is  known  as  the  "  spoils  system."  Since  the  passage  of  the 
civil  service  law  of  1883,  however,  it  has  been  a  steadily 
growing  practice  to  appoint  minor  officers,  such  as  railway 
mail  clerks,  and  clerks  in  government  offices  at  Washington, 
on  a  basis  of  merit  tested  by  examination  rather  than  on  a 
basis  of  party  membership.     That  is,  candidates  for  such 


The  National  Government  iii 

places  are  selected  after  a  competitive  examination ;  they 
hold  their  offices  during  good  behavior;  and  they  are  not 
removed  simply  to  make  room  for  persons  belonging  to 
another  party.  At  the  present  time  over  200,000  govern- 
ment employees  are  under  such  civil  service  rules. 

Tlie  troubles  of  the  President  in  making  appointments.  — 
Notwithstanding  the  reduction  in  the  number  of  offices  to 
which  the  President  must  appoint,  it  is  a  very  troublesome 
task  and  takes  up  a  good  portion  of  the  first  year  of  his  term  of 
service.  There  are  so  many  candidates  for  every  place  that 
the  President  is  literally  besieged  at  his  office  by  them  and  by 
members  of  Congress  supporting  their  friends  who  seek  ap- 
pointments. The  President  must  not  only  get  good  men,  but  he 
must  smooth  out  conflicts  in  his  party  by  giving  each  faction 
some  "  plums  "  as  they  are  called ;  he  must  recognize  all 
parts  of  the  country  by  selecting  the  officers  from  all  sections  ; 
and  he  must  not  stir  up  too  much  opposition  from  labor 
unions  or  from  employers.  It  is  made  especially  difficult  by 
the  fact  that  the  President  has  the  power  to  remove  the 
federal  officers  whom  he  appoints,  and  whenever  there  is  any 
objection  to  the  way  a  federal  officer  acts  there  is  likely  to 
be  a  clamor  for  his  removal  and  the  appointment  of  some 
one  else. 

The  President  must  enforce  the  law.  —  A  second  impor- 
tant duty  laid  upon  the  President  is  the  enforcement  of  the 
federal  law.  This  he  does  in  several  ways  :  (a)  by  requiring 
the  men  whom  he  appoints  to  office  to  do  their  duty  well  and 
faithfully  ;  (b)  by  having  the  Attorney-general  and  other  fed- 
eral prosecutors  (p.  118)  start  suits  in  the  courts  against 
those  who  break  the  federal  law;  and  (c)  by  using  the 
soldiers  of  the  United  States  to  enforce  the  laws  when  the 
regular  civil  officers  arc  resisted  by  mobs. 

Pardoning  offenders  against  the  federal  laws.  —  Akin  to 
the  duty  of  enforcing  the  law  is  the  power  of  pardoning  per- 
sons who  commit  crimes  against  the  United  States  —  steal 


112  American  Citizenship 

mail,  make  counterfeit  money,  or  smuggle  in  goods  without 
paying  customs  duties,  among  other  things.  In  this  matter 
the  President  has  a  free  hand.  He  may  be  generous  or  hard- 
hearted, as  he  chooses.  When  a  prisoner  applies  for  pardon, 
the  President  has  an  officer  look  up  the  case  and  see  whether 
the  applicant  deserves  mercy  or  whether  the  court  was  too 
harsh  in  imposing  punishment. 

The  President  as  military  commander.  —  It  is  the  duty  of 
the  President  to  act  as  commander-in-chief  of  the  army  and 
navy  of  the  United  States.  He  cannot  declare  war  — •  that 
power  is  given  to  Congress  alone  —  but  when  war  is  declared 
he  must  supervise  the  movements  of  the  armed  forces  on 
land  and  sea  (p.  206).  Moreover,  whenever  the  legis- 
lature of  a  state  (or  the  governor,  if  the  legislature  is  not 
in  session)  calls  upon  the  President  for  aid  in  putting  down 
riot,  it  is  the  duty  of  the  President  to  respond  by  sending 
federal  soldiers  to  the  scene  of  trouble. 

The  President  and  Congress :  the  message.  —  We  now 
come  to  the  second  group  of  duties  which  the  President  may 
perform  more  to  his  own  liking  and  with  more  freedom  of 
choice.  How  he  performs  them  depends  upon  his  personal 
views  of  what  he  ought  to  do  as  a  man  and  leader  of  his 
party.  The  first  of  these  is  the  duty  of  sending  messages  to 
Congress.  It  is  true  the  Constitution  says  that  the  President 
"  shall  "  do  this,  but  the  way  in  which  he  does  it  depends 
upon,  himself.  He  may  write  short  messages  of  no  conse- 
quence or  interest,  or  he  may  stir  up  the  whole  country  by 
demanding  that  Congress  pass  certain  important  laws  or 
make  important  amendments  to  the  Constitution.  By  using 
this  power  of  sending  messages  in  a  proper  way  he  may  win  so 
much  popular  support  that  Congress  may  be  compelled  to 
pass  laws  to  which  it  is  secretly  opposed. 

The  use  of  the  veto  power.  —  Closely  connected  with  this 
power  of  sending  messages  to  Congress  is  the  power  of  veto- 
ing bills   passed    by  Congress   (p.    105).     This  power  was 


The  National  Government  113 

given  to  the  President  because  it  was  believed  that  he  should 
check  the  legislature  in  case  it  enacted  too  radical  laws. 
As  we  have  seen,  every  bill  passed  by  Congress  must  be  signed 
by  the  President  unless  he  chooses  to  allow  it  to  become  a  law 
without  his  approval  —  which  happens  when  he  fails  to  act 
within  ten  days  (unless  Congress  adjourns  meantime).  If 
the  President  does  not  like  a  law,  he  can  veto  it  and  send  it 
back  to  the  house  in  which  it  originated  with  any  comments 
he  may  wish  to  make.  When  he  vetoes  a  bill  it  cannot  be- 
come a  law  unless  two-thirds  of  both  houses  pass  it  again. 

Through  a  free  use  of  the  veto,  a  President  may  block  as 
many  measures  as  he  pleases  and  call  the  attention  of  the 
pul)lic  to  the  way  Congress  is  acting.  Of  course,  he  cannot 
go  too  far  because  he  is  dependent  upon  Congress  for  the 
money  with  which  to  carry  on  the  government ;  but  it  is 
clear  that  an  easy-going  President  need  not  use  this  power  at 
all,  while  a  strenuous  President,  who  thinks  he  is  bound  by 
his  duty  to  his  party  or  to  the  country  to  stop  certain  laws 
from  being  passed,  may  become  a  great  power  at  Washington. 
By  threatening  to  veto  some  measures  which  Congress  wants 
he  may  force  that  body  to  pass  bills  which  he  recommends  in 
his  messages.  By  using  these  means  the  President  may  in 
fact  exercise  large  legislative  powers. 

Special  sessions  of  Congress. — Akin  to  the  power  of  sending 
messages  and  vetoing  laws  is  that  of  calling  Congress  in  a 
special  session.  The  President  may  do  this  at  any  time  and 
compel  Congress  to  consider  some  important  matter  about 
which  he  thinks  a  law  should  bo  made.  For  example,  if 
Congress  should  fail  to  pass  a  law  recommended  by  the  Presi- 
dent at  the  regular  session,  and  adjourn  without  paying  any 
attention  to  his  recommendations,  he  may  call  the  members 
back  soon  and  tell  them  to  take  up  the  matter  again.  Of 
course  Congress  docs  not  have  to  obey  the  demand  for  a  law, 
and  it  may  adjourn  again  without  acting  ;  but  if  the  President 
has  great  popular  support,  Congress  will  take  the  President's 


114  American  Citizens  Id  p 

suggestions  very  seriously.  As  a  matter  of  fact,  however,  the 
President  does  not  call  special  sessions  without  consulting 
the  leaders  in  Congress.  So  it  happens  that  a  special  session 
is  usually  called  only  after  an  agreement  has  been  reached 
between  the  President  and  the  party  managers  in  Congress. 

How  treaties  are  made.  —  The  President  may  make  treaties 
with  foreign  countries,  but  they  do  not  go  into  effect  until 
approved  by  a  two-thirds  vote  in  the  Senate.  A  treaty  is  an 
agreement  with  a  foreign  nation  about  some  matter  of 
common  interest ;  such  as,  the  treatment  of  our  citizens 
abroad  and  of  foreign  subjects  in  the  United  States  or  the 
fisheries  off  the  coast  of  North  America  or  plans  for  settling 
disputes  without  going  to  war.  The  President  alone  can  start 
a  treaty ;  no  one  can  compel  him  to  take  up  the  negotiation 
of  any  agreement  with  a  foreign  power ;  and  no  one  can  pre- 
vent him  from  making  a  treaty.  But  of  course  it  does  not 
go  into  force  until  the  Senate  approves.  The  Senate  may 
amend  treaties  sent  to  it  by  the  President,  and  in  such  cases 
the  President  must  ask  the  foreign  countries  concerned 
whether  the  changes  are  acceptable,  unless  he  decides  to 
drop  the  matter  altogether.  Sometimes  there  is  a  dispute 
between  the  President  and  the  Senate  over  treaties ;  for 
example,  President  Taft  favored  a  treaty  with  Great  Britain 
providing  a  plan  for  settling  practically  all  future  quarrels  by 
peaceful  arbitration,  while  the  Senate  refused  to  approve  his 
plan. 

The  President  may  recognize  foreign  countries.  —  The 
Senate  cannot  itself,  however,  force  the  President  to  accept 
any  plans  for  treaties  with  foreign  countries.  The  President 
is  the  spokesman  of  the  nation  in  dealing  with  other  powers. 
He  receives  their  ambassadors  and  ministers,  and  in  fact  he 
can  refuse  to  recognize  a  foreign  government  if  he  pleases. 
A  great  many  changes  have  taken  place  in  Europe  and  South 
America  since  we  became  a  nation.  jMonarchies  like  Portu- 
gal and  China  have  become  republics,  and  when  new  govern- 


The  National  Government  115 

ments  are  set  up  they  seek  recognition  from  other  countries : 
admittance  to  the  family  of  nations,  so  to  speak.  The 
President  may  say  to  such  a  country :  "  I  do  not  recognize 
your  existence  in  the  new  form,  and  I  will  not  receive  your 
ambassador."  Or  he  may  say :  "I  am  happy  to  say  that 
the  United  States  (whatever  other  countries  may  do)  wel- 
comes you  into  the  family  of  nations." 

The  President's  helpers.  —  The  President  cannot  know 
everything  about  the  government  and  do  everything  him- 
self. He  has  therefore  ten  official  advisers  who  are  together 
called  his  Cabinet.  These  advisers  are  laiown  as  the  Secre- 
taries of  State,  War,  Treasury,  Navy,  Interior,  Agriculture, 
Commerce,  Labor,  the  Attorney-general,  and  the  Postmaster- 
general. 

The  Cabinet  and  the  President.  —  Cabinet  officers  are 
appointed  by  the  President ;  the  Senate,  although  it  has  the 
power  of  confirming,  regards  the  selection  of  the  Cabinet  as  the 
President's  own  affair  and  does  not  interfere.  The  President 
can  remove  cabinet  members  without  asking  the  consent  of 
any  one.  Although  they  are  given  more  or  less  discretion  in 
managing  their  ov/n  affairs,  they  are  answerable  to  him  in  the 
performance  of  their  duties,  and  the  country  holds  the  Presi- 
dent responsible  for  important  policies  adopted  by  them  and 
even  for  speeches  made  by  them  on  live  issues. 

The  Cabinet  and  Congress.  —  While  the  members  of  the 
Cabinet  are  thus  in  a  sense  the  President's  responsible  advisers, 
they  are  by  no  means  independent  of  Congress.  Congress 
decides  how  many  and  what  cabinet  offices  shall  exist  and  the 
salaries  and  duties  attached.  Congress  decides  how  manj^ 
officers  shall  be  appointed  under  each  cabinet  officer  and  what 
they  shall  do.  Congress  may  take  away  the  duties  of  one 
secretary  and  give  them  to  another.  The  power  thus  enjoyed 
by  Congress  compels  the  secretaries  to  look  to  that  body  for 
many  favors ;  such  as,  increases  in  salaries  of  departmental 
employees,  the  creation  of  new  divisions  or  bureaus  within 


ii6  American  Citizenship 

the  department  charged  with  new  duties,  or  the  appropria- 
tion of  money  to  carry  on  new  work  or  investigations. 

Congress  might  control  the  Cabinet.  —  If  Congress  saw  fit, 
therefore,  it  might  tie  the  cabinet  officers  do^vn  very  closely 
and  not  give  them  much  freedom  in  managing  their  affairs. 
At  all  events,  although  the  cabinet  officers  are  the  President's 
advisers,  neither  they  nor  the  President  can  do  anything 
forbidden  to  them  by  the  law  or  anything  important  which  is 
not  authorized  by  Congress.  For  example,  there  was  recently 
estabhshed  a  Children's  Bureau  to  study  the  problems  of 
children  in  the  United  States.  Neither  the  President  nor  any 
cabinet  officer  could  have  done  this.  Congress  had  to  pass  a 
law  creating  it  and  providing  the  money  for  its  expenses. 
It  also  added  this  bureau  to  the  responsibilities  of  the  Depart- 
ment of  Labor.  If  the  President  wanted  a  Secretary  of 
Railways,  for  example,  he  could  not  just  name  one  himself, 
and  draw  on  the  Treasury  for  the  salary. 

The  distribution  of  work  in  each  department.  —  The  work 
allotted  to  each  department  of  the  federal  government  is 
divided  out  among  a  number  of  bureaus,  divisions,  and 
offices,  all  subject  more  or  less  to  the  direction  of  the  secre- 
tary. For  example,  in  the  Department  of  the  Interior,  there 
are  the  general  land  office  in  charge  of  the  granting  and  sale 
of  public  lands,  the  pension  office,  the  geological  survey  en- 
gaged in  locating  and  estimating  the  natural  resources  of  the 
United  States,  the  bureau  of  forestry,  and  several  other 
divisions.  Whenever  the  federal  government  decides  to 
undertake  some  new  work,  it  gives  the  task  to  a  bureau  or 
division  already  created,  or  it  forms  a  new  bureau  or  division 
to  take  charge  of  the  enterprise.  There  are,  however,  two 
important  branches  of  the  federal  government  which  are  not 
under  the  supervision  of  a  cabinet  officer :  the  civil  service 
commission,  which  aids  the  President  in  enforcing  the  civil 
service  law  (p.  110),  and  the  interstate  commerce  com- 
mission. 


The  National  Government  117 

The  Judicial  Branch  of  the  Federal  Government 

The  federal  courts.  —  We  have  spoken  of  the  judiciary  as 
a  distinct  branch  of  the  government  in  the  section  about  the 
division  of  powers  (p.  89).  It  now  remains  to  say  a  few 
words  about  the  federal  courts,  in  particular,  although  we 
must  be  brief,  because  this  is  a  difficult  and  troublesome  sub- 
ject except  for  those  who  can  give  years  to  the  study  of  the 
law.  Indeed,  it  is  only  necessary  for  the  citizen  to  know  a  few 
important  facts  about  the  courts,  unless  he  is  often  involved  in 
disputes  about  property  or  is  likely  to  be  arrested  for  crime, 
and  even  then  he  will  depend  upon  a  la^vyer  for  advice  and 
information.  Those  important  facts  we  shall  try  to  make 
very  clear. 

The  power  of  Congress  over  the  federal  courts.  —  In  the  first 
place,  we  have  a  set  of  federal  courts  quite  distinct  from  the 
state  and  local  courts.  Only  one  of  these  courts,  the  Supreme 
Court,  is  mentioned  in  the  Constitution  ;  all  the  other  federal 
courts  are  created  by  Congress,  and  even  the  number  of  mem- 
bers and  work  of  the  Supreme  Court  are  matters  determined 
by  Congress.  Congress  decides  how  many  Supreme  Court 
judges  there  shall  be ;  where  federal  courts  shall  be  set  up 
throughout  the  United  States ;  how  many  such  courts  there 
shall  be  in  each  state;  how  manj'  judges  shall  be  appointed 
to  each  court ;  and  what  federal  cases  (with  minor  excep- 
tions) shall  be  heard  by  each  court.  Congress  cannot, 
however,  say  how  Supreme  Court  judges  shall  be  appointed; 
that  power  is  given  to  the  President  and  Senate  by  the  Con- 
stitution. In  fact,  all  federal  judges  are  appointed  bj^  the 
President  and  Senate,  and  they  hold  their  offices  for  life,  m\- 
less  removed  by  impeachment. 

How  the  federal  courts  are  brought  near  to  the  citizen.  —  In 
order  that  federal  judges  may  be  near  at  hand  for  the  citizen, 
Congress  has  laid  the  whole  country  out  into  about  eighty 
districts,  and  in  each  district  has  provided  for  one  or  more 


ii8  American  Citizenship 

federal  district  judges  to  hear  disputes  and  try  men  accused  of 
crime  against  the  federal  government.  Each  district  court 
has  a  district  attorney  who  prosecutes  criminals  and  a  federal 
marshal  who  carries  out  the  order  of  the  court.  These 
officers  are  also  appointed  by  the  President  and  Senate.  In 
order  that  serious  matters  may  be  retried  in  higher  courts, 
Congress  has  laid  the  county  out  into  nine  great  circuits,  and 
in  each  circuit  has  placed  a  federal  circuit  court  of  appeals. 
At  the  top  of  the  system  is  the  Supreme  Court  at  Washing- 
ton, composed  of  nine  judges,  whose  business  it  is  to  hear, 
among  others,  those  cases  in  which  it  is  claimed  that  acts 
of  Congress  are  unconstitutional  (p.  90). 

What  matters  go  into  federal  courts.  —  These  federal 
courts,  it  is  important  to  remember,  attend  to  federal  affairs 
only  (see  the  Constitution,  p.  319).  If  a  man  breaks 
into  a  jewelry  store  and  steals  a  watch,  the  United  States 
marshal  will  not  arrest  him,  or  if  he  should  arrest  the  burglar 
and  take  him  before  a  federal  judge,  the  latter  would  say,  "  I 
have  no  jurisdiction  over  this  crime ;  it  is  not  committed 
against  the  United  States.  This  is  a  matter  for  the  city, 
county,  or  village  court,  as  the  case  may  be."  If,  however,  a 
man  smuggles  in  goods  from  Canada,  it  is  the  business  of  the 
United  States  marshal  or  a  special  federal  detective  in  the 
customs  service  to  catch  him  and  take  him  into  a  federal  dis- 
trict court  for  trial.  Again,  if  a  man  wishes  to  sue  a  neighbor 
who  has  sold  him  a  house  on  a  misrepresentation,  the  federal 
courts  will  not  try  the  case ;  but  if  he  wishes  to  sue  a  person 
residing  in  another  state,  he  may  take  the  case  into  a  federal 
court  if  he  likes.  The  line  of  division  between  the  state  and 
federal  courts  is  hard  to  draw,  and  not  one  person  in  a  thou- 
sand need  ever  know  about  it  in  detail. 


The  National  Government  119 


Questions 

1.  What  is  the  Constitution  of  the  United  States?     What  are 
its  main  divisions  ? 

2.  How  may  the  Constitution  be  amended  ? 

3.  Describe  the  composition  of  Congress. 

4.  How  are  Representatives  chosen  ?    How  are  Senators  chosen  ? 

5.  Why  do  Senators  retain  their  office  for  a  longer  term  than 
Congressmen  ? 

6.  What  is  a  gerrymander  ? 

7.  How  are  laws  made  by  Congress  ? 

8.  What  are  the  powers  of  Congress  ? 

9.  What  is  the  difference  in  the  powers  of  the  two  houses  of 
Congress  ? 

10.  What  control  does  the  political  party  have  over  the  selection 
of  the  President  ? 

11.  What  are  the  duties  of  the  president? 

12.  Does  he  have  legislative  power  ? 

13.  What  is  the  spoils  system  ? 

14.  Tell   all   you   can   about   the   Cabinet   and   its   relation   to 
Congress. 

15.  Describe  the  distribution  and  work  of  the  federal  courts. 


Additional  Reading 

Formation    and    Development    of    the    Constitution  :     Kaye, 

Readings   in   Civil   Government,   pp.   31-73 ;     Beard,   American 

Government,  pp.  34-77. 
The  Federal  System  of  Government  :  Bryce,  American  Common- 
wealth,   Vol.    I,    pp.    312-408;     Beard,    American    Government, 

pp.  145-165. 
Nomination  and  Election  of  the  President:    Beard,  American 

Government,  pp.  165-186 ;  Readings,  154-175 ;    Jones,  Readings 

on  Parties  and  Elections,  pp.  80-106. 
The  Electoral  College:    Jones,  Readings,  pp.  115-118. 
The    Presidency:     Beard,    American    Government,    pp.    187-214; 

Readings,  176-196;   Bryce,  Vol.  I,  pp.  38-84;    Kaye,  Readings, 

pp.  184-210. 
Congress  :  Beard,  American  Government,  pp.  231-293  ;  Readings,  pp. 

214-272;     Bryce,   Vol.    I,   pp.   97-209;     Kaye,    Readings,   pp. 

129-183;    Haskin,  The  National  Government,  pp.  248-286. 


I20  American  Citizenship 

The  Federal  Judiciary  :  Beard,  American  Government,  pp.  294- 
315;  Readings,  pp.  273-290;  Bryce,  Vol.  I,  pp.  229-277; 
Kaye,  Readings,  pp.  243-260 ;  Haskin,  The  National  Govern- 
ment, pp.  312-361. 

The  Cabinet:  Beard,  American  Government,  pp.  215-230;  Bryce, 
Vol.  I,  pp.  85-96 ;    Kaye,  Readings,  pp.  211-242. 

Senatorial  Elections:   Jones,  Readings,  pp.  125-141. 

Elections  to  the  House  of  Representatives  :  Joues,  Readings, 
pp.  147-164. 


CHAPTER   IX 
STATE    GOVERNMENT 

I.    The  state  is  not  a  federation. 

1.  How  the  voters  of  the  state  may  provide  for  the  govern- 

ment of  any  section  of  the  state. 

2.  Constitutional  law. 

II.    The  parts  of  a  state  constitution. 

III.  The  state  legislature. 

1.  The  legislative  districts  of  the  state. 

2.  The  election  of  members  of  the  state  legislature. 

3.  The  legislature  at  work. 

4.  Powers  of  the  state  legislature. 

IV.  The  executive  department  of  the  state. 
i.  The  minor  state  officers. 

2.  The  position  of  the  governor  and  of  the  President  compared. 

3.  The  legislative  business  of  the  governor. 

4.  The  governor's  executive  duties. 
V.    The  state  supreme  court. 


The  state  is  not  a  federation.  —  Although  many  writers 
sharply  divide  the  government  within  each  state  into  central 
or  state,  mmiicipal,  and  local  government,  it  should  be  remem- 
bered always  that  the  state  is  not  a  federation  of  counties, 
cities,  and  villages,  as  the  United  States  is  a  federation  of 
states.  The  Congress  of  the  United  States,  for  example,  has  no 
power  to  say  how  a  state  shall  be  governed,  how  long  a  gov- 
ernor shall  serve,  or  whether  there  shall  be  one  or  two  houses  in 
the  state  legislature.  The  legislature  of  the  state,  however, 
can  usually  (see  Home  Rule,  p.  130)  decide  how  many 
members  there  shall  be  in  all  the  city  councils  within  the  state, 
what  salaries  county  commissioners  shall  be  paid,  and  how 


122  American  Citizenship 

long  mayors  shall  serve.  The  voters  of  a  state  can  set  up 
any  kind  of  central,  city,  or  local  government  which  they 
please,  as  long  as  they  do  not  do  something  which  the  Con- 
stitution of  the  United  States  expressly  forbids. 

How  the  voters  of  the  state  may  provide  for  the  government 
of  any  section  of  the  state.  —  The  voters  of  a  state  organize 
their  central,  city,  and  local  governments  in  three  ways :  by 
establishing  a  state  constitution  in  which  are  written  down 
many  things  about  the  way  the  affairs  of  the  state  shall  be 
managed  ;  by  laws  passed  by  the  legislature  acting  under  the 
constitution  so  established ;  and  by  town,  city,  and  county 
by-laws  and  ordinances.  To  find  out,  for  instance,  how  we 
are  governed  in  any  particular  city,  it  is  necessary  to  look 
into  the  state  constitution,  into  laws  passed  by  the  state 
legislature,  and  into  ordinances  adopted  by  the  city  council. 
For  this  reason  it  is  important  to  think  of  the  state  as  a  whole 
rather  than  to  view  it  as  made  up  of  many  smaller  parts. 

Constitutional  law.  —  The  essential  difference  between  a 
state  constitution  and  any  law  passed  by  the  legislature  is 
this :  the  constitution  is  supposed  to  be  a  higher  law,  more 
solemnly  deliberated  upon  than  any  ordinary  act  of  the  legis- 
lature, and  it  cannot  be  changed  by  the  legislature  but  only 
by  some  particular  method  of  amendment  laid  do\vn  in  the 
constitution  itself.  The  usual  methods  of  changing  the  state 
constitution  are  as  follows  :  by  a  convention  especially  elected 
subject  to  popular  approval ;  b}'  an  act  of  the  legislature  ap- 
proved by  the  voters  at  the  polls ;  and  in  a  few  states  by 
the  initiative  and  referendum,  which  are  described  later. 

The  parts  of  a  state  constitution.  —  At  the  beginning  of  a 
study  of  the  state  government,  it  is  necessary  that  we  should 
look  into  the  constitution  of  the  state.  We  shall  find  that  it 
falls  into  several  parts  : 

(1)  It  says  that  there  are  certain  rights  which  all  citizens 
shall  enjoy ;  such  as,  trial  by  jury  and  freedom  of  religious 
worship. 


State  Government  123 

(2)  It  says  who  shall  have  the  right  to  vote. 

(3)  It  fixes  the  number  of  members  of  the  legislature  and 
tells  in  general  how  the  two  houses  shall  work. 

(4)  It  forbids  the  legislature  to  do  a  large  number  of  things. 

(5)  It  tells  how  the  governor  shall  be  elected  and  what 
powers  he  shall  have. 

(6)  It  names  a  number  of  central  and  local  officers  who 
shall  be  elected  or  appointed,  and  states  what  they  shall  do  in 
a  general  way. 

(7)  It  contains  some  rules  about  the  way  in  which  cities, 
counties,  and  towns  shall  be  governed,  leaving  the  rest  to  the 
legislature  or  the  people  of  the  locality  to  settle  for  themselves. 

There  are  many  other  matters  mentioned  in  some  state 
constitutions,  and  it  would  be  an  excellent  idea  for  you  to  take 
the  constitution  of  your  state  and  compare  it  with  this  table. 

The  state  legislature.  —  Each  state  has  the  three  branches 
of  government  which  we  have  described  already  (p.  84)  :  a 
legislature,  an  executive  department,  and  a  judicial  depart- 
ment. Each  of  our  states  has  two  houses  in  the  legislature, 
a  lower  house,  known  as  the  Assembly  or  the  House  of  Repre- 
sentatives or  by  some  other  name,  and  an  upper  house,  called 
the  Senate.  There  is  no  such  marked  difference  between 
the  two  bodies  in  the  theory  of  representation  as  we 
found  between  the  Senate  and  the  House  at  Washington 
(p.  98).  United  States  Senators  represent  states,  and  each 
state  has  the  same  number,  no  matter  how  many  inhabitants 
dwell  within  its  borders ;  but  state  senators  represent  dis- 
tricts within  the  state,  and  these  districts  are  usually  laid  out 
in  such  a  fashion  as  to  make  them  all  roughly  equal.  The 
state  senator  is  generally  older  than  the  member  of  the  lower 
house  and  elected  for  a  longer  term.  The  upper  house  is  also 
smaller  than  the  lower  house,  so  that  the  senator  represents  a 
larger  district  than  the  assemblyman. 

The  legislative  districts  of  the  state.  —  Both  houses  are 
elected  by  the  same  voters.     That  is,  any  person  who  can 


124  American  Citizenship 

vote  for  a  member  of  the  lower  chamber  can  vote  for  a  senator 
as  well.  Thus  each  voter  resides  in  two  legislative  districts  : 
the  larger  sending  a  senator  and  the  smaller  a  member  of  the 
lower  house.  We  have  said  that  these  districts  are  roughly 
equal,  but  we  should  remark  that  the  equality  is  very  rough 
indeed.  In  Connecticut,  for  example,  every  town  has  one  or 
two  representatives  in  the  lower  house,  no  matter  how  many 
inhabitants  it  has.  So  it  comes  about  that  a  little  town  with 
a  handful  of  voters  has  a  member  in  the  legislature,  while 
another  town  with  several  hundred  voters  may  have  only  one 
member.  You  may  find  out  how  fairly  divided  your  state  is 
by  getting  from  the  secretary  of  state  the  annual  publication, 
which  usually  gives  the  names  of  the  members  of  your  legisla- 
ture and  the  number  of  votes  cast  in  each  district.  It  would 
be  an  interesting  study  to  find  out  whether  a  voter  in  your 
own  district  counts  for  as  much  or  for  more  than  a  voter  in 
some  other  district. 

The  election  of  members  of  the  state  legislature.  —  Every 
year  or  tAvo  the  voters  in  your  district  are  called  upon  to 
choose  a  representative  for  the  lower  house  and  a  state  senator. 
In  the  summer  before  the  election  each  of  the  political  parties 
picks  out  its  candidates.  The  party  does  this  either  (a)  by 
holding  a  convention  at  some  town  or  city,  to  which  are  sent 
delegates  from  small  localities,  townships,  or  precincts,  as  the 
case  may  be,  who  are  chosen  by  party  members ;  or  (b)  by 
having  a  party  election  called  a  direct  primary.  If  the  direct 
primary  method  is  used,  no  convention  is  held  at  all,  but  any 
member  of  the  party  may  run  for  the  nomination  and  have 
his  name  put  on  the  party  ballot.  At  the  primary  day  the 
party  members  choose,  from  among  those  running  for  the 
nomination,  the  candidate  to  be  put  up  against  the  candidates 
of  the  other  parties.  Thus  the  whole  party  is  supposed  to  be 
behind  its  candidate.  The  voter  at  the  regular  election, 
therefore,  usually  has  no  other  choice  than  between  the  can- 
didates of  the  two  or  three  or  more  parties.     Of  course,  any 


State  Government  125 

voter  not  a  member  of  a  party  may  run  for  the  legislature,  on 
an  independent  ticket  if  he  likes,  by  getting  up  a  petition 
signed  by  a  certain  number  of  voters,  and  thus  having  his  name 
put  on  the  ballot  with  the  names  of  the  candidates  of  the 
parties. 

The  legislature  at  work.  —  The  legislature  meets  every  year 
or  two  at  the  state  capitol  and  makes  laws.  It  works  very 
much  in  the  same  way  as  the  Congress  at  Washington.  The 
lieutenant  governor,  if  there  is  one,  like  the  Vice  President, 
presides  over  the  senate,  and  the  lower  chamber  chooses  a 
speaker.  Bills  are  introduced,  referred  to  committees, 
debated,  and  voted  upon  as  at  Washington  (p.  103).  And 
laws  passed  by  the  legislature  are  submitted  to  the  gov- 
ernor to  sign  or  veto,  except  in  the  single  state  of  North 
Carolina,  where  the  governor  has  no  veto  power. 

Powers  of  the  state  legislature.  —  As  to  the  powers  of  the 
state  legislature  and  the  Congress  of  the  United  States,  there 
is  this  fundamental  difference :  the  former  may  do  anything 
that  is  not  forbidden  by  the  state  constitution  (or  the  federal 
Constitution),  while  the  latter  can  do  only  those  things  which 
the  federal  Constitution  authorizes  it  to  do. 

The  executive  department  of  the  state.  —  The  chief 
executive  of  the  state  is  the  governor.  He  is  elected  by  popu- 
lar vote  for  two  or  four  years  (Massachusetts  one  year  and 
New  Jersey  three  years) .  As  in  the  case  of  all  other  elections, 
a  nomination  of  candidates  is  made  by  the  various  political 
parties,  in  advance.  This  choice  of  the  party  candidate  for 
governor  is  made  in  one  of  two  ways :  by  a  convention  or  by 
the  direct  primary.  If  the  convention  method  is  used,  the 
party  members,  at  a  primary  election,  choose  delegates  to  go 
to  the  state  party  convention,  and  there  agree  upon  a  candi- 
date for  governor,  and  at  th(>  same  convention  other  state 
officers,  such  as  the  lieutenant  governor  and  the  secretary  of 
state,  are  nominated.  In  a  majority  of  states,  such  as  Oregon, 
Wisconsin,  and  Oklahoma,  the  party  convention  has  been 


126  American  Citizenship 

abolished  and  the  party  candidates  for  state  offices  are  chosen 
by  a  direct  primary ;  that  is,  at  an  election  within  the  party, 
at  which  party  members  have  a  chance  to  vote  directly  for  the 
man  whom  they  would  like  to  see  as  their  party  candidate 
for  governor.  The  aspirant  for  office  has  his  name  put  on 
the  primary  ballot  usually  by  presenting  a  petition  signed  by 
a  certain  number  of  the  members  of  his  party. 

The  minor  state  officers.  —  The  executive  department 
generally  includes  the  following  chief  elective  officers  in  addi- 
tion to  the  governor : 

(1)  A  lieutenant  governor,  who  presides  over  the  senate 
and  may  become  governor  in  case  of  the  death  or  resigna- 
tion of  the  latter. 

(2)  A  treasurer,  who  guards  the  money  of  the  state. 

(3)  An  auditor  or  comptroller,  w^ho  keeps  the  accounts. 

(4)  An  attorney-general,  who  advises  the  governor  on 
points  of  law,  prosecutes  offenders  against  the  state,  and 
defends  the  state  when  it  is  sued. 

(5)  A  secretary,  who  keeps  the  records  of  the  state  and 
compiles  election  returns. 

(6)  Sometimes  railway  commissioners,  a  surveyor  and 
engineer,  and  other  officers. 

The  'position  of  the  governor  and  President  compared.  —  We 
have  said  that  the  governor  is  the  chief  executive  of  the 
state,  but  this  is  not  true  in  the  sense  that  the  President  is 
the  chief  executive  of  the  United  States.  The  governor 
has  no  cabinet ;  the  high  officers  of  the  state,  like  the  secre- 
tary, the  treasurer,  the  auditor,  and  the  attorney-general,  are 
not  under  the  governor.  Ho  does  not  appoint  them,  and  he 
cannot  remove  them.  Their  duties  are  fixed  by  the  law  and 
they  are  as  independent  within  their  offices  as  the  governor 
himself.  They  are  almost  always  elected  by  the  voters 
just  as  the  governor  is  elected,  and  thoir  responsibility,  as  far 
as  they  have  any,  is  to  the  voters,  not  to  the  governor. 
They  ma}^  be,  and  often  are,  of  a  different  party,  and  may 


State  Government  127 

conduct   their   business   in  a  way  that   does  not   suit   the 
governor  at  all. 

The  legislative  business  of  the  governor.  —  In  fact,  as  things 
stand  now,  the  governor  is  more  concerned  with  making  laws 
than  enforcing  them,  although  in  times  of  riots  and  violence 
he  is  responsible  for  the  use  of  the  militia  in  maintaining 
order.  The  governor's  connection  with  lawmaking  arises, 
like  that  of  the  President,  from  the  power  to  send  mes- 
sages, to  veto  laws,  and  to  call  special  sessions  of  the  legis- 
lature. The  voters  of  the  state  are  coming  more  and  more 
to  look  upon  the  governor  as  their  agent,  charged  with  secur- 
ing certain  laws  and  with  preventing  the  enactment  of  other 
laws.  The  governor  now  feels  called  upon  to  recommend 
to  the  legislature  the  important  measures  which  his  party 
advocated  in  the  election  campaign ;  and,  if  the  legislature 
refuses  to  accept  his  recommendations,  he  may  "  take  the 
stump"  — that  is,  go  about  the  state  making  speeches,  stirring 
up  the  voters  to  urge  their  representatives  in  the  legislature 
to  accept  his  plans.  The  legislature  is  likely  to  be  wasteful 
and  extravagant  in  spending  the  state's  money,  and  the 
voters  look  to  the  governor  to  veto  appropriations  which 
he  thinks  unnecessary.  Hence  it  has  come  about  that  the 
governor's  chief  business  is  legislative  rather  than  executive. 
Like  the  President,  he  may  call  a  special  session  of  the  leg- 
islature to  consider  anything  which  he  lays  before  it,  and 
this  is  a  powerful  tool  in  his  hands,  —  a  whip,  so  to  speak, 
which  he  can  hold  over  the  lawmakers. 

The  governor's  executive  duties.  —  Of  course,  the  governor 
does  have  some  executive  duties.  He  appoints  quite  a 
number  of  important  state  officers,  such  as  superintendents 
of  prisons  and  other  institutions,  sometimes  the  commis- 
sioners who  supervise  railways,  or  the  superintendent  of  edu- 
cation. He  must  usually,  however,  secure  the  consent  of  one 
or  both  branches  of  the  legislature  to  such  appointments.  He 
is  the  head  of  the  state  militia,  and  may  use  it  on  important 


128  American  Citizenship 

occasions  when  a  riot  gets  the  better  of  the  local  police.  He 
may  pardon  criminals,  but  frequently  he  shares  this  power 
with  a  board  of  pardons.  But  with  all  this  it  can  hardly  be 
said  that  the  governor  is  responsible  for  the  way  the  laws 
are  enforced  within  the  state.  He  cannot  compel  the  prose- 
cutors, state  and  local,  to  go  after  lawbreakers  on  pain  of 
instant  removal  from  office.  And  heads  of  the  important 
departments  who  are  elected  by  popular  vote  may  ignore 
his  orders. 

The  state  supreme  court.  —  Every  state  has  a  high  or 
supreme  court  composed  of  three  or  more  judges.  In  most 
states,  these  judges  are  elected  by  the  voters  for  a  term  of 
years.  In  a  few  commonwealths,  however,  they  are  ap- 
pointed by  the  governor  and  senate  or  by  the  legislature. 
It  is  the  business  of  this  high  court,  sometimes  known  as 
the  supreme  court  or  the  court  of  appeals,  to  hear  cases 
appealed  from  the  lower  courts  —  the  county  and  city  courts. 
It,  too,  has  the  power  to  declare  acts  of  the  state  legislature 
null  and  void  on  the  ground  that  they  transgress  either  the 
atate  or  the  federal  constitution.  If  a  state  court  declares 
that  a  state  law  is  void  because  it  is  contrary  to  the  federal 
Constitution,  there  is  no  appeal  to  the  Supreme  Court  of 
the  United  States.  The  other  courts  we  shall  consider 
below  when  we  take  up  city  and  local  government. 


Questions 

1.  What  is  the  composition  of  the  state  legislature? 

2.  What  part  does  the  political  party   play  in  selecting  state 
representatives  ? 

3.  What  is  the  difference  between  the  powers  of  Congress  and 
those  of  the  state  legislature  ? 

4.  What  is  the  direct  primary  ? 

5.  Who  has  the  greater  executive  power :   the  president  or  the 
governor  ?     Why  ? 

6.  Does  the  governor  have  any  legislative  power  ?     In  what  way  ? 


State  Government  129 


Additional  Reading 

The  Constitutional  Basis  of  State  Government:  Beard, 
American  Government  and  Politics,  pp.  428-457 ;  Readings, 
pp.  391-410;  Bryee,  American  Commonwealth,  Vol.  I,  pp. 
411-426. 

The  State  Executive  Department  :  Beard,  American  Govern- 
ment, pp.  488-515;  Readings,  pp.  431-456;  Bryee,  Vol.  I, 
pp.  498-506. 

The  Legislature  :  Beard,  pp.  516-546 ;  Readings,  pp.  457-487 ; 
Bryee,  Vol.  I,  pp.  481-497 ;  McCarthy,  The  Wisconsin  Idea, 
pp.  194-232. 

The  State  Judiciary  :  Beard,  pp.  547-577 ;  Readings,  pp.  488- 
508 ;   Bryee,  Vol.  I,  pp.  507-517 ;   McCarthy,  pp.  233-272. 

The  Value  of  State  Administrative  Experts  :  McCarthy, 
pp.  172-193. 


CHAPTER  X 
THE    GOVERNMENT    OF    CITIES 

I.    Home  rule  for  cities. 
II.    The  city  council. 

1.  The  powers  of  the  city  council. 

2.  Limits  on  the  powers  of  the  city  council. 

III.  The  mayor  of  the  city. 

IV.  The  departments  of  city  government. 
V.    Civil  service  rules  for  cities. 

VI.    The  city  courts. 

1.  Importance  of  police  courts. 

2.  How  the  judge  may  help  offenders. 

3.  Some  new  special  city  courts. 
VII.    National  politics  and  local  elections. 

1.  The  nonpartisan  election. 
VIII.    Recent  changes  in  American  city  government. 

1.  Commission  government  for  cities. 

2.  The  city  manager  plan. 

3.  Direct  democracy  in  cities. 


Home  Rule  for  cities.  —  The  legislature  of  the  state  may 
decide  what  kind  of  government  any  or  all  of  the  cities  within 
the  borders  of  the  state  must  have,  unless  the  state  consti- 
tution otherwise  provides.  State  legislatures  have  inter- 
fered so  much  with  cities  and  so  unfairly  that  many  states, 
Ohio,  Missouri,  Oregon,  and  California,  for  instance,  have 
adopted  what  is  called  Home  Rule  —  that  is,  the  cities  within 
those  states  may  decide  for  themselves  (within  limits)  what 
kind  of  government  they  prefer.  Where  this  system  is  in 
vogue,  the  voters  of  the  city  may  choose  a  charter-drafting 
board  to  draw  up  a  plan  of  city  governm.ent  which  goes 

130 


The  Government  of  Cities  131 

into  effect  when  approved  by  the  voters.  Thus,  for 
example,  a  city  in  Ohio  may  choose  to  be  governed  by  a 
mayor  and  council,  or  by  a  commission  or  board  of  three  or 
five  men,  or  in  almost  any  other  way  that  it  chooses. 
As  times  goes  on,  more  and  more  states  are  adopting  this 
Home  Rule  system.  Where  it  does  not  prevail  the  legis- 
lature of  the  state  makes  the  charter  or  law  governing  the 
city.     The  charter  is  a  sort  of  constitution. 

The  city  council.  —  As  we  might  expect,  there  are  all  kinds 
of  city  governments  in  the  United  States ;  but  amid  the 
bewildering  variety  we  can  see  certain  general  plans.  Like 
the  state,  every  city  has  a  lawmaking  body  —  a  little  legis- 
lature which  makes  rules,  called  ordinances,  for  the  govern- 
ment of  the  people  of  the  city.  This  legislature  is  known  as 
the  city  council  or  board  of  aldermen  or  commission.  It 
may  be  elected  in  two  ways.  The  city  may  be  divided  into 
districts,  or  wards,  like  the  state,  and  one  or  more  members 
elected  from  each  district ;  or  all  the  members  may  be  elected 
at  large ;  that  is,  by  all  the  voters  of  the  city.  Where  this 
last  method  is  followed,  each  voter  can  ballot  for  as  many 
men  as  there  are  members  of  the  council,  instead  of  just  for 
one  or  two  from  his  little  district.  A  few  cities  have  two- 
chamber  councils  like  the  Congress  at  Washington  or  the 
state  legislature;  but  this  idea  is  going  out  of  fashion  for 
cities  and  they  are  abandoning  it. 

The  'powers  of  the  city  council.  —  The  powers  of  the  city 
council  are  important.  Unless  otherwise  arranged,  it  de- 
cides in  general  how  much  money  shall  be  raised  by  taxa- 
tion and  for  what  purposes  it  shall  be  spent.  It  grants 
franchises  to  companies  to  operate  street-car  lines,  gas 
works,  and  other  public  utilities  within  the  city,  and  it  some- 
times regulates  the  prices  to  be  charged.  It  makes  ordi- 
nances about  the  use  of  the  streets,  parks,  and  public  build- 
ings, about  factories,  theaters,  and  tenements,  and  about 
matters  dangerous  to  life  and  health. 


132  American  Citizenship 

Limits  on  the  jpowers  oj  the  city  council.  —  But  it  should 
be  noted  that  the  powers  of  the  city  council  are  limited  in 
many  ways.  In  the  first  place  the  right  to  make  the  esti- 
mates for  the  amount  of  money  to  be  spent  is,  in  some  places, 
taken  away  from  the  council  and  given  to  the  mayor,  or  comp- 
troller, or  a  special  board.  In  such  cities,  the  council  may 
reduce  the  amount  proposed  by  the  mayor  or  board,  but  it 
cannot  increase  it.  The  mayor  has  a  veto  power  also.  The 
regulation  of  matters  like  factories,  tenements,  and  theaters 
is  being  done  more  and  more  by  the  state  legislature,  in 
spite  of  the  home  rule  idea  which  we  have  just  mentioned. 
Furthermore,  city  after  city  is  adopting  the  initiative 
and  referendum  plan  which  allows  the  voters  to  make  their 
own  ordinances,  or  nullify  any  ordinance  adopted  by  the 
city  council.  How  this  is  done  we  shall  explain  in  Chap- 
ter XII. 

The  mayor  of  the  city.  —  The  chief  executive  of  the  city 
is  the  mayor,  and  in  our  big  cities,  hke  Boston,  New  York, 
Chicago,  and  San  Francisco,  his  position  is  more  like  that 
of  the  President  than  that  of  the  governor.  That  is,  he  has 
the  power  of  appointing  very  many  of  the  chief  officers,  like 
the  commissioners  of  the  police,  fire,  street  cleaning,  park, 
and  other  departments.  Where  he  has  this  power,  he  is 
of  course  personally  responsible  for  the  conduct  of  the  city's 
business.  If  it  is  run  badly,  it  is  because  he  has  appointed 
incapable  men,  and  inasmuch  as  he  can  remove  them  when 
he  likes,  continuous  bad  management  is  his  fault.  This 
"  mayor  plan  "  of  city  government  is  very  popular  because 
it  enables  the  citizen  to  know  whose  fault  it  is  if  the  laws 
are  poorly  carried  out. 

The  departments  of  city  government.  —  The  executive 
business  of  the  city  —  the  collecting  and  disbursing  of 
money,  the  building,  repairing,  and  cleaning  of  the  streets, 
fighting  fires,  protecting  health,  educating  the  children, 
supervising    the   waterworks   and   other   plants   which   the 


The  Government  of  Cities  133 

city  owns,  the  regulating  of  private  car  lines  and  other 
utilities,  and  keeping  order  and  arresting  criminals  —  is 
divided  up  among  several  officers  and  departments,  the  num- 
ber of  which  depends  upon  the  size  of  the  city.  In  some 
cities,  the  officers  and  department  heads  are  appointed  by 
the  mayor ;  in  others,  by  the  council ;  and  in  others,  some 
are  elected  l)y  popular  vote.  It  is,  indeed,  quite  common 
to  have  the  school  board,  which  manages  the  city's  schools, 
elected  by  the  voters. 

Civil  service  rules  for  cities.  —  It  is  customary  for  the 
city  which  has  the  "  mayor  plan  "  of  government  to  elect 
by  popular  vote  one  or  more  officers  besides  the  mayor  — 
usually  financial  officers,  but  sometimes  certain  heads  of 
departments  as  well.  The  rank  and  file  of  the  city  em- 
ployees are  appointed  by  the  mayor  or  the  heads  of  depart- 
ments, but  this  appointing  power  is  now  closely  restricted 
in  many  important  cities  by  civil  service  rules.  That  is, 
the  appointing  officer  cannot  pick  any  person  he  pleases  for 
any  vacancy  that  may  occur,  but  is  compelled  to  take  from 
a  list  of  "  eligibles,"  comprising  those  who  have  passed 
competitive  examinations  for  such  positions.  In  the  old  days 
the  city  council  appointed  the  city  officers,  but  that  power 
has  now  been  nearly  all  taken  away.  Appointment  under 
civil  service  rules  rather  than  popular  election  or  choice 
by  the  council  is  now  the  most  approved  form  of  selecting 
municipal  employees. 

The  city  courts.  —  In  every  city  of  considerable  size  there 
is  one  or  more  police  courts  to  which  offenders  arrested  by 
the  police  are  ordinarily  taken.  These  courts  try  persons 
charged  with  misdemeanors,  such  as  drunkenness,  breaking 
windows,  petty  theft,  disorderly  conduct,  and  fighting. 
Persons  charged  with  more  serious  ofTenses  are  held  by  the 
police  justices  for  trial  in  higher  courts.  In  addition  to  the 
police  courts  there  is  one  or  more  higher  criminal  courts  in 
which  serious  offenders  are  tried.     Furthermore^  there  are 


134  American  Citizenship 

lower  civil  courts  for  the  trial  of  suits  between  private  parties 
over  property  of  small  amount,  and  higher  civil  courts  for 
the  trial  of  suits  involving  larger  amounts. 

Importance  of  police  courts.  —  The  criminal  courts,  and 
particularly  the  police  courts,  deserve  the  most  careful 
attention.  They  are  closely  connected  with  the  police  sys- 
tem, for  the  spirit  and  attitude  of  the  police  judges  or  magis- 
trates help  to  determine  whether  the  policemen  are  vigorous 
or  careless  in  checking  crime.  These  judges  are  usually 
appointed  by  the  mayor  or  elected  by  popular  vote.  In 
either  case,  the  voters  should  seek  to  understand  the  position 
of  the  police  courts  in  city  life,  for  the  selection  of  judges  is  a 
serious  matter.  The  judges  must  understand  both  the 
necessity  of  supporting  the  police  administration  in  keeping 
good  order,  and  of  protecting  the  citizens  from  undue  moles- 
tation on  the  part  of  the  police.  It  is  important  that  the 
judges  should  know  the  influence  of  labor,  wages,  and  living 
conditions  on  the  people  of  the  city  in  order  that  the  sentences 
which  they  pronounce  upon  people  who  are  brought  before 
them  for  trial  may  be  as  fair  as  possible. 

How  the  judge  may  help  offenders.  —  A  kind  word,  a  gentle 
rebuke,  or  a  helping  hand  at  the  right  moment  may  stay  a 
new  offender  on  his  downward  course  or  may  save  from  de- 
spair some  poor  person  whose  chief  offense  is  his  ignorance, 
or  who  may  have  been  arrested  without  warrant  by  an  igno- 
rant policeman.  On  the  other  hand,  brutality  and  indif- 
ference in  a  police  magistrate  may  fill  the  prisons  with  per- 
sons who  do  not  rightfully  belong  there ;  may  embitter 
many  citizens  against  the  kind  of  justice  that  is  meted  out, 
and  permit  hatred  so  to  develop  that  the  people  will  regard 
policemen  and  magistrates  as  their  worst  enemies  instead  of 
the  guardians  of  liberty. 

Some  new  special  city  courts.  —  In  addition  to  the  regular 
police  courts,  our  larger  cities  have  many  kinds  of  special 
courts  to  deal  with  different  kinds  of  offenders. 


The  Government  oj  Cities  135 

The  first  of  these  special  courts  that  comes  to  mind  is  the 
Juvenile  Court,  where  young  children  are  tried.  We  discussed 
this  court  in  the  section  on  Human  Rights    (p.  52). 

Another  court  is  called  the  Domestic  Relations  Court. 
Here  are  brought  many  questions  between  husbands  and  wives. 

There  are  Night  Courts  in  which  offenders  taken  into 
custody  late  at  night  may  be  tried  without  having  to  spend 
a  night  in  jail  awaiting  trial.  In  New  York  there  are  sepa- 
rate night  courts  for  men  and  women.  When  it  is  remem- 
bered that  about  half  of  the  prisoners  brought  into  the 
courts  are  discharged  without  punishment,  the  value  of  a 
speedy  trial  becomes  evident. 

National  politics  and  local  elections.  —  It  is  interesting 
to  note  that  all  of  our  political  parties  are  formed  on  national 
issues  and  that  their  "  organization  "  of  conventions  and 
committees  runs  throughout  every  state  and  almost  every 
locality  in  the  whole  country.  Men  who  were  drawn  to- 
gether in  the  Democratic  party  or  the  Republican  party 
because  of  their  views  on  slavery  or  the  tariff  remained  to- 
gether in  state  and  municipal  elections,  although  those  elec- 
tions never  did  have  and  could  not  have  much  connection 
with  the  tariff  or  slavery.  Thus  it  comes  about  that  men 
who  are  in  fact  agreed  on  a  municipal  policy  are  found  fight- 
ing one  another  in  municipal  elections  simply  because  they 
happen  to  differ  on  national  questions.  It  is  only  the 
Socialists  who  have  a  municipal  platform  based  on  the 
same  principles  as  their  national  platform  and  who  advo- 
cate practically  the  same  municipal  policy  throughout  the 
country. 

The  nonpartisan  election.  —  In  order  to  enable  voters  who 
agree  on  municipal  matters  to  work  together  in  city  elec- 
tions although  they  differ  in  state  and  national  politics,  it 
is  now  quite  common  to  separate  city  elections  from  state 
and  national  elections  and  hold  them  at  other  times.  It  is 
also  common  practice  to  make  city  elections  "  nonpartisan  " ; 


136  American  Citizefiship 

that  is,  to  forbid  political  parties  to  make  nominations 
and  to  prohibit  the  use  of  party  emblems  and  names  on 
the  ballots  (p.  152).  Under  the  nonpartisan  system, 
nominations  for  council  and  mayor  are  made  by  petition, 
and  the  nominees  are  not  permitted  to  put  the  names  of  the 
parties  to  which  they  belong  on  the  ballot.  It  is  hoped  that 
under  this  plan  all  citizens  interested  in  municipal  improve- 
ments may  be  able  to  unite  on  a  city  program  instead  of  allow- 
ing such  vital  matters  as  municipal  health,  housing  reform, 
and  social  welfare  generally  to  be  lost  to  sight  in  the  scrambles 
of  the  political  leaders  for  office. 

Recent  changes  in  American  city  government.  —  If  we 
look  at  the  history  of  city  government  in  the  United  States, 
we  shall  see  that  the  drift  of  affairs  has  been  about  as  fol- 
lows. We  began  with  a  council  which  elected  the  mayor, 
appointed  the  city  officers,  made  ordinances,  and  conducted 
all  of  the  business  of  the  city.  In  time,  the  practice  grew 
up  of  giving  the  mayor  more  power,  having  him  elected  by 
the  voters,  allowing  him  to  veto  ordinances  and  to  appoint 
many  officers.  The  heads  of  departments,  like  the  chief 
state  ofiicers,  were  made  elective  for  a  time  and  then  changed 
to  appointive  officers.  Meanwhile,  the  council,  often  because 
it  was  too  large,  or  corrupt  and  negligent,  lost  many  of  its 
former  powers  and  honors  and  dwindled  away  into  a  petty 
body,  for  which  citizens  entertained  little  respect.  With 
all  the  experiments,  citizens  were  still  dissatisfied,  for  they 
found  their  cities  not  as  well  governed  as  they  had  a  right  to 
expect  under  any  of  the  schemes. 

Commission  government  for  cities.  —  The  latest  of  all  the 
plans  of  city  government  is  kno\\Ti  as  the  "  Commission  " 
form  which  originated  in  Galveston,  Texas,  after  the  great 
flood  of  1900.  This  scheme  does  away  with  the  separation 
of  executive  and  legislative  powers  altogether  and  puts  the 
entire  government  of  the  city  into  the  hands  of  a  small  num- 
ber of  men,  —  usually  five,  sometimes  three,  rarely  seven 


The  Government  of  Cities  137 

or  nine,  —  known  as  a  commission.  All  the  commissioners 
are  elected  at  large  by  the  voters.  Sometimes  one  of  the 
five  is  called  the  mayor,  but  usually  he  has  no  more  power 
than  the  others — just  the  titular  honor.  The  city's  business 
—  fighting  fire,  cleaning  streets,  maintaining  a  police  force, 
and  the  like  —  is  divided  into  five  parts  and  one  commis- 
sioner is  placed  at  the  head  of  each  part  and  made  respon- 
sible for  its  management.  The  ordinances  of  the  city  are 
made  by  all  the  commissioners  acting  as  a  small  towTi  council ; 
and  taxes  are  laid,  and  rights  granted  to  street  car  and  other 
companies,  in  the  same  manner.  The  idea  back  of  this  plan 
is  to  put  the  city's  business  into  the  hands  of  a  small  number 
of  men  so  that  everybody  can  know  who  is  responsible  if 
anything  goes  WTong.  The  chief  merit  of  the  system  is  that 
it  may  interest  the  citizens  more  in  the  government  of  their 
city  if  they  can  know  exactly  on  whom  each  duty  rests. 
But  like  all  other  schemes  it  will  not  give  the  citizens  any 
better  government  than  they  actually  want. 

The  city  manager  plan.  —  A  modification  of  the  commis- 
sion plan  of  city  government  was  introduced  in  1912,  when 
Sumpter,  South  Carolina,  adopted  a  "  city  manager  plan." 
Under  this  plan  the  commission  or  small  city  council  is 
retained,  but  it  does  not  undertake  any  executive  work. 
The  executive  work  is  intrusted  to  a  ''  city  manager " 
chosen  by  the  commission  or  council  and  authorized  to  take 
charge  of  the  entire  business  of  administering  the  govern- 
ment of  the  city,  including  the  right  to  appoint  the  chief 
subordinate  officers.  The  commission  or  council  thus 
becomes  the  legislature,  and  appoints  the  chief  executive  to 
carry  out  the  laws.  In  choosing  a  city  manager  the  com- 
mission or  council  may  search  the  country  for  the  best 
person.  Thus  it  is  hoped  to  develop  in  time  a  class  of 
expert  city  managers,  as  capable  in  the  field  of  municipal 
government  as  the  heads  of  railways  or  great  private  corpora- 
tions are  in  their  respective  fields,  and  at  the  same  time  have 


138  American  Citizenship 

popular  control  through  the  commission  or  council,  and  per- 
haps the  initiative,  referendum,  and  recall  besides.  The 
plan  has  also  been  adopted  in  Dayton  and  Springfield,  Ohio, 
and  in  Phoenix,  Arizona. 

Direct  democracy  in  cities.  —  Another  feature  in  the  devel- 
opment of  nonpartisan  government  in  cities  is  the  introduc- 
tion of  "  direct  government  "  in  the  form  of  the  initiative 
and  referendum  (p.  163),  which  enables  the  voters  to 
decide  on  city  ordinances  and  franchises  quite  apart  from 
the  candidates  of  parties  for  office.  Under  the  initiative 
a  certain  percentage  of  the  voters  may  initiate  an  ordinance 
and  require  its  submission  to  all  the  voters  for  their  approval. 
Under  the  referendum  a  certain  percentage  of  the  voters 
may  order  a  referendum  on  an  ordinance  passed  by  the  town 
council ;  that  is,  require  its  submission  to  the  voters  so  that 
they  may  decide  whether  or  not  it  is  to  go  into  effect.  To 
these  devices,  the  "  recall  "  is  frequently  added,  permitting 
a  certain  percentage  of  the  voters  to  demand  the  recall  of 
any  elective  officer  and  require  him  to  submit  to  the  test 
of  a  new  election.  These  devices  are  now  to  be  found  in 
one  form  or  another  in  nearly  all  commission  government 
cities  and  in  many  others  besides. 


Questions 

1.  What  is  meant  by  Home  Rule  for  Cities  ? 

2.  What  is  a  city  charter  ? 

3.  What  is  the  most  general  plan  of  city  government  ? 

4.  What  is  commission  government  ? 

5.  Why  have  cities  been  altering  their  form  of  government  so 
much? 

6.  How  are  the  powers  of  a  city  council  limited  ? 

7.  How  do  national  politics  come  into  city  affairs  ? 

8.  What  efforts  are  made  to  check  this,  and  why  ? 

9.  How  are  municipal  employees  selected? 
10.  Describe  the  various  kinds  of  city  courts. 


The  Government  of  Cities  139 


Additional  Reading 

Municipal  Government  and  Administration  :  Beard,  American 
City  Government,  pp.  31-128;  Bryce,  American  Commonwealth, 
Vol.  I,  pp.  628-679. 

Home  Rule  for  Cities:  Beard,  pp.  31-51;  Kaye,  Readings  in 
Civil  Government,  pp.  336-368. 

Commission  Government  :    Beard,  pp.  92-97 ;    Kaye,  356-360. 

Municipal  Democracy  :   Beard,  pp.  52-87 ;    Kaye,  pp.  503-527. 

Efficiency  in  City  Government  :  Bruere,  The  New  City  Govern- 
ment, pp.  100-124. 

Securing  Efficient  Public  Servants  :  Brufere,  pp.  335-360. 


CHAPTER  XI 

GOVERNMENT   IN    COUNTRY   DISTRICTS 

I.    Differences  between  rural  and  city  problems. 
11.    Our  systeni  of  rural  government  is  very  ancient. 

III.  The  county  government :  the  board. 
1.  The  coimty  officers. 

IV.  The  town  or  township. 
V.    The  village. 

VI.    The  local  judicial  system. 

1.  The  importance  of  the  county  prosecutor. 
VII.   State  interference  with  local  government. 


Difference  between  rural  and  city  problems.  —  Rural  gov- 
ernment is  simpler  than  city  government.  Country  people 
have  their  own  water  supply  and  they  ride  about  in  their 
own  carriages  and  wagons  rather  than  in  public  conveyances. 
It  is  because  the  city  government  does  so  many  things  for 
the  citizen  which  the  man  in  the  country  does  for  himself 
that  it  is  so  expensive  and  so  much  more  difficult  to  manage. 

Our  systeni  of  rural  government  is  very  ancient.  —  The 
system  of  government  which  obtains  in  rural  regions  is  the 
oldest  part  of  American  government  and  it  has  changed  the 
least  in  the  course  of  our  development.  The  very  names, 
county,  town,  and  village,  run  back  for  more  than  a  thou- 
sand years  in  the  history  of  the  English-speaking  people ; 
and  some  of  the  local  offices  were  old  when  America  was 
discovered.  ^  It  is  only  recently  that  the  spirit  of  change 
which  has  led  to  so  much  experimenting  in  city  government 
has  begun  to  move  in  rural  regions.     A  start  was  made  in 

140 


Government  in  Country  Districts  141 

Los  Angeles  County,  California,  in  1912  when  the  commis- 
sion form  of  government,  now  so  popular  in  cities,  was 
adopted  for  the  county  in  place  of  the  old  system. 

The  county  government :  the  board.  —  Every  state  in 
the  Union  is  divided  into  counties  (called  parishes  in  Louisi- 
ana) ;  but  the  business  which  the  county  government  does 
varies  immensely  from  state  to  state.  In  the  Southern  and 
Western  states  'generally  the  county  looks  after  a  number 
of  matters  which  are  attended  to  by  the  town  (equivalent 
to  township  in  the  West)  in  New  England.  The  county 
government  varies  so  much  that  it  is  difficult  to  say  any- 
thing that  is  true  of  the  whole  country.  Quite  commonly 
the  county  has  a  sort  of  legislature,  laiown  as  the  board  of 
county  commissioners,  or  supervisors.  This  board  is  some- 
times composed  of  representatives  from  the  townships  within 
the  county ;  sometimes  it  consists  of  only  three  or  more 
members  elected  from  three  separate  districts  within  the 
county  ;  or  again  the  members  may  be  elected  at  large.  The 
board  decides  what  money  shall  be  spent  for  roads,  bridges, 
poor  houses,  and  other  public  matters  within  the  county; 
but  it  has  little  or  no  lawmaking  power. 

The  county  officers.  —  The  executive  department  of  the 
county,  if  we  may  use  the  term,  consists  of  the  sheriff  whose 
business  it  is  to  carry  out  the  orders  of  the  county  court  and 
keep  the  peace  of  the  county;  the  auditor  who  audits  the 
claims  against  the  county;  the  treasurer  who  keeps  the 
county  funds ;  the  clerk  who  keeps  the  records ;  sometimes 
a  recorder  to  preserve  the  records  of  deeds  and  mortgages; 
a  public  prosecutor  whose  duty  it  is  to  run  down  and  bring 
to  trial  those  who  commit  crimes ;  and  generally  a  school 
superintendent.  It  is  customary  to  have  these  officers  elected 
l)y  the  voters  for  short  terms.  Inasmuch  as  they  do  not 
make  laws,  but  merely  carry  out  laws  already  made,  there 
is  usually  no  great  interest  in  their  election.  The  chief 
problem  is  to  get  honest  and  capable  men  ;  but  too  often  the 


142  American  Citizenship 

politicians  of  the  county  look  on  these  offices  as  mere  re- 
wards for  campaign  work. 

The  town  or  township.  —  The  county  is  divided  into  town- 
ships, or,  as  they  are  known  in  New  England  and  some 
other  states,  "  towns."  There  is  considerable  difference 
between  a  township  in  Indiana,  for  instance,  and  a  to\vn  in 
New  England,  They  are  alike  only  in  the  fact  that  they 
are  both  districts  within  a  county.  In  New  England  the 
rural  district  or  town  began  with  a  church  congregation, 
each  male  member  of  which  had  a  voice  in  managing  its 
affairs.  Later,  when  non-church  members  came  into  the 
communities,  the  plan  of  having  meetings  of  all  men  in  the 
church  to  run  affairs  was  abandoned,  and  the  meeting  of  the 
"  freemen  "  or  voters  in  the  town  hall  took  its  place.  This 
system  prevails  to-day. 

The  government  of  the  town  in  New  England  then  is  the 
"  town  meeting,"  composed  of  all  the  voters  in  the  district, 
farmers  as  well  as  villagers,  who  assemble  at  the  towTi  hall 
once  a  year,  or  oftener  if  need  be.  At  the  touTi  meeting  a 
board  of  "  selectmen  "  is  chosen  to  manage  the  business 
during  the  year ;  there  also  are  chosen  a  clerk,  a  tax  collec- 
tor, overseers  of  the  poor,  constables,  and  other  local  officers. 
In  an  Indiana  township,  on  the  other  hand,  the  voters  never 
all  come  together  at  a  town  hall  to  decide  matters  or  elect 
officers.  The  towTiship  officers  are  elected  by  ballot  and  their 
duties  are  not  as  important  as  are  those  of  the  New  England 
to^^^l  officers,  because  so  much  of  the  local  business  there  is 
looked  after  by  the  county  government. 

The  village.  —  When  a  few  hundred  people  come  to  dwell 
close  together  in  a  rural  region,  they  usually  want  to  be  made 
independent  of  the  towTiship,  the  town,  or  the  county,  and 
form  a  separate  government  of  their  own.  Thus  it  happens 
that  between  the  toTSTiship  and  the  city  we  have  the  "  vil- 
lage," which  is  simply  a  small  district  rather  thickly  popu- 
lated, set  off  from  the  surrounding  rural  regions  and  per- 


Government  in  Country  Districts  143 

mitted  to  govern  itself  by  a  board  and  a  president  elected 
by  the  voters. 

The  local  judicial  system.  —  Country  districts,  like  the 
state  and  the  nation,  have  their  judicial  departments.  The 
county  has  a  court  of  its  own  presided  over  by  the  county 
judge  who  is  usually  elected  by  the  voters.  In  that  court 
are  tried  those  charged  with  the  more  serious  crimes  and 
suits  over  property  which  involve  more  than  petty  sums. 
The  town  or  township  has  its  court,  presided  over  by  a  jus- 
tice of  the  peace,  also  elected  by  the  voters.  The  justice 
of  the  peace  tries  petty  offenders  and  holds  preliminary  trials 
of  serious  offenders  whom  he  binds  over  to  a  higher  court 
for  trial  and  punishment.  The  justice  of  the  peace  also 
hears  controversies  between  citizens  involving  property  to 
the  amount  of  only  a  few  dollars  —  perhaps  as  much  as  two 
hundred  dollars. 

The  importance  of  the  county  prosecutor.  —  A  very  impor- 
tant officer  connected  with  the  rural  judicial  system  is  the 
county  prosecutor  who  has  deputies  scattered  about  over 
the  county.  It  is  their  business  to  run  down  criminals  in 
the  towTis  and  villages  as  well  as  in  the  country  districts. 
Whether  the  law  against  liquor  selling,  gambling,  thieving, 
and  disorderly  conduct  generally  is  put  into  force  depends 
upon  the  character  and  zeal  of  these  officials.  It  is  their 
duty,  too,  to  bring  to  trial  local  officers  who  embezzle 
money  or  otherwise  violate  the  law  relative  to  their  offices. 

State  interference  with  local  government.  —  The  State 
is  exercising  an  ever  larger  control  over  local  affairs.  This 
is  often  a  good  thing  although  communities  contend  that 
they  have  a  right  to  do  as  they  please  in  their  own  matters. 
That  may  be  true,  but  what  is  their  own  concern  solely? 
Does  it  make  no  difference  to  the  people  of  other  counties 
whether  one  county  allows  disease  to  spread  within  its  bor- 
ders and  overleap  them,  or  keeps  such  poor  roads  that  no 
one  can  travel  over  them  in  safety?    The  state  officers  are 


144  American  Citizenship 

usually  men  of  higher  training  than  the  local  officers  and  they 
are  not  afraid  of  what  their  neighbors  in  the  town  will  say 
when  they  compel  a  farmer  to  clean  up  his  barn  before  he 
can  sell  any  more  milk  in  the  city.  The  state  officers  often 
bring  new  ideas  into  backward  and  self-satisfied  regions  where 
people  would  go  on  indefinitely  living  a  half-civilized  life 
if  they  were  not  disturbed.  Nevertheless  in  some  western 
states  there  is  a  strong  feeling  against  too  much  interference 
with  local  government,  and  in  California  the  county  has  been 
given  "  home  rule,"  like  that  given  to  cities  (p.  130). 

Questions 

1.  Why  have  city  governments  changed  their  form  more  often 
than  rural  governments  ? 

2.  Is  there  a  typical  form  of  rural  government  ? 

3.  Where  are  laws  for  rural  control  made  ? 

4.  How  much  independent  executive  control  do  rural  govern- 
ments have  ? 

5.  Describe  the  rural  judicial  system. 

6.  What  are  some  of  the  common  needs  of  urban  and  rural 
oommtmities  ? 

Additicned  Reading 

Survey  of  Local  Government:   Bryce,  American,  Commonwealth, 

Vol.  I,  pp.  596-627;    Beard,  American  Government,  pp.  638- 

655  ;    Readings,  pp.  556-566. 
For  a  full  description  of  the  machinery  of  local  government,  see 

J.  A.  Fairlie,  Local  Government  in  Counties,  Towns,  and  Villages 

(1906,  Century  Company). 


CHAPTER  XII 
THE    POLITICAL    PARTY    AND    THE    GOVERNMENT 

I.    Political  parties,  or  the  government  and  public  sentiment. 

1.  How  the  political  party  is  formed. 

2.  Party  principles  and  issues. 

3.  How  parties  and  issues  have  changed. 

4.  How  third  parties  have  sprung  up. 
II.    Party  organization  and  methods. 

1.  Nominating  officers. 

2.  Making  the  party  platform. 

3.  The  high  importance  of  the  primary. 

4.  Managing  the  campaign. 

III.  How  the  citizen  may  influence  polities. 

IV.  Plans  to  secure  an  honest  ballot  and  a  fair  count  in  elections. 

1.  The  registration  of  voters  before  elections. 

2.  The  secret  ballot  in  primaries  and  elections. 

3.  The  principles  of  the  "Australian  ballot." 

4.  Party  column  and  Massachusetts  ballots. 

5.  Nonpartisan  ballots. 

6.  The  maintenance  of  good  order  at  election  places. 

7.  How  the  parties  watch  each  other  at  the  polls. 

8.  The  importance  of  the  hours  for  opening  and  closing  the 

polls. 

9.  The  use  of  money  in  primaries  and  elections. 

10.  Sources  of  money  for  use  in  primaries  and  elections. 

11.  How  money  is  spent  in  campaigns. 

12.  Laws  controlling  use  of  money  in  elections. 

13.  Publicity  in  primaries  and  elections :    the  Oregon  plan. 


Political  parties,  or  the  government  and  public  sentiment. 

—  We  have  now  spoken  of  the  machinery  of  the  govern- 
ment, of  the  lawmakers  and  other  public  officers  who  are 
chosen  or  appointed  to  do  certain  tasks  in  the  name  of  the 

L  145 


146  American  Citizenship 

people.  What  they  do  and  how  they  work  depend  upon 
public  sentiment  —  upon  the  ideas  and  determination  of 
the  voters  who  choose  the  officers.  If  enough  voters  decide 
that  any  branch  of  the  government  should  operate  in  a 
certain  way  or  should  do  a  certain  piece  of  work,  it  is  done. 

How  the  'political  party  is  formed.  —  When  a  great  many 
people  with  different  ideas  and  occupations  dwell  together, 
however,  there  are  certain  to  be  differences  of  opinion  over 
what  the  government  should  do  and  how  it  should  work. 
These  differences  of  opinion  among  voters  lead  those  who 
hold  similar  or  identical  views  to  come  together,  hold  meet- 
ings, spread  their  doctrines,  elect  managers  and  committee- 
men —  in  a  word,  form  a  political  party  of  their  own.  A 
political  party,  then,  is  a  group  of  voters  banded  together 
for  the  purpose  of  electing  government  officers,  to  control  the 
government,  and  undertake  certain  kinds  of  governmental 
work. 

Party  principles  and  issues.  —  The  general  ideas  which 
the  members  of  a  party  agree  should  be  carried  out  form  its 
"  party  principles,"  and  the  points  on  which  the  various 
parties  disagree  are  called  the  "  issues  of  the  campaign." 
As  new  inventions  are  made,  new  ways  of  doing  business 
devised,  and  new  notions  arise  about  what  the  government 
ought  to  do  under  the  changed  circumstances,  issues  change 
and  old  parties  must  alter  their  principles  or  perish.  The 
truth  of  this  statement  has  been  exemplified  again  and  again 
in  our  history. 

How  parties  and  issues  have  changed.  — ■  At  the  opening 
of  the  nineteenth  century  there  were  two  parties  in  the 
United  States :  the  Federalists  and  the  Democratic-Repub- 
licans, as  the  followers  of  Jefferson  were  styled.  Within  a 
generation,  the  Federalist  party  had  disappeared  altogether 
and  no  longer  put  up  candidates  for  office.  Jefferson's  party 
had  its  own  way  for  a  time,  but  many  changes  were  made 
in  its  doctrines,  and  about  1828  it  was  generally  known  as 


The  Political  Party  and  the  Government  147 

the  Democratic  party.  Before  long  another  party  began  to 
oppose  it  —  the  Whigs,  who  elected  two  Presidents  and  then 
died,  as  a  party,  because  its  members  could  not  agree  on  the 
question  of  slavery.  When  the  Whig  party  went  out  of 
existence  (about  1854),  the  Republican  party  sprang  up 
oppose  the  extension  of  slavery  into  the  Western  territoric 
and  to  champion  a  protective  tariff  and  the  granting  01 
public  lands  in  small  lots  to  homestead  settlers.  The  Dem- 
ocratic party  was  divided  on  the  slavery  question,  and  after 
the  Civil  War  it  of  course  dropped  the  slavery  issue  and  took 
up  other  questions. 

How  third  parties  have  sprung  up.  —  From  time  to  time 
voters  have  disapproved  the  principles  of  both  the  Repub- 
lican and  Democratic  parties,  and  on  this  account  new  parties 
have  arisen.  The  farmers  formed  a  party  of  their  own 
known  as  the  Populist  Party  about  1892,  and  this  group  had 
a  large  influence  on  both  the  old  parties,  for  it  vigorously 
championed  income  taxes,  popular  election  of  senators,  and 
other  measures  which  the  older  parties  later  took  up.  The 
working  class  also  tended  to  gravitate  toward  a  party  of  its 
own,  and  hence  came  labor  parties  and  finally  the  Socialist 
party  which  has  now  grown  to  be  about  as  strong  as  the 
Populist  party  was  in  its  best  days  in  the  early  nineties.  More 
recently  those  who  w^re  dissatisfied  with  the  Republicans 
and  the  Democrats  and  were  not  willing  to  join  the  Social- 
ists began  to  call  themselves  "  progressives  "  because  they 
wanted  to  make  certain  changes  in  the  government  and  its 
work.  For  a  time  these  progressives  all  remained  in  their 
former  parties,  but  in  1912  many  of  them  broke  away  and 
formed  a  new  party  bearing  the  name  Progressive.  Thus 
we  see  new  groups  developing  and  regroupings  taking 
place  in  political  parties  all  of  the  time.  The  citizen  must 
be  on  the  watch  to  discover  which  of  the  many  plans  laid 
before  him  by  party  advocates  is  best  for  the  public  welfare. 
The  man  who  boasts  that  he  has  voted  for  one  party  all 


148  American  Citizenship 

his  life  is  now  likely  to  be  set  down  as  more  foolish  than 
patriotic. 

Party  organization  and  methods.  —  In  order  for  any 
party,  new  or  old,  to  get  possession  and  keep  possession  of 
the  government  it  must  "  organize  " ;  that  is,  it  must  elect 
managers,  or  officers  and  committeemen,  —  to^vnship, 
county,  state,  and  national,  —  and  it  must  select  candidates 
for  all  the  various  offices.  If  the  members  of  a  party  are  not 
agreed  on  a  single  candidate,  let  us  say,  for  governor,  but 
allow  two  or  more  to  run  for  the  office  in  its  name,  their  party 
is  certain  to  be  defeated  by  its  opponents  if  the  latter  agree 
on  one  man.    ■ 

Nominating  officers.  —  Thus  it  is  necessary  for  each  party, 
where  there  are  two  active  parties  in  opposition,  to  agree  in 
advance  on  one  party  candidate  for  each  office.  This  agree- 
ment is  reached  in  one  of  two  ways  :  (a)  by  holding  a  conven- 
tion of  delegates  in  the  county  or  state  or  nation  as  the  case 
may  be  —  a  convention  composed  of  part}'  members  chosen 
by  the  party  voters  in  their  several  communities ;  or  (6)  by 
the  direct  primary,  that  is,  by  an  election  held  within  the 
party  before  the  regular  election,  at  which  primary  the  party 
members  choose  directly  from  among  several  candidates  for 
nomination  (p.  124). 

Making  the  party  platform.  —  Another  important  task  for 
the  party  is  the  making  of  a  fair  and  correct  statement  of 
the  principles  for  which  it  stands.  This  "  platform  "  was 
formerly  made  by  the  convention,  but  where  the  convention 
is  abolished  a  way  is  provided  for  having  some  representatives 
of  the  party  draw  up  a  list  of  party  principles,  to  constitute 
the  platform. 

The  high  importance  of  the  primary.  —  The  primary  elec- 
tion to  choose  delegates  to  a  nominating  convention,  or  to 
choose  candidates  for  office  directly,  is  therefore  of  utmost 
importance  to  party  members,  particularly  where  there  is 
only  one  strong  party  in  the  field ;    because  at  the  primary 


The  Political  Party  and  the  Government  149 

the  citizen  is  given  a  voice  in  deciding  what  issues  the  party 
shall  stand  for  in  the  coming  campaign  and  in  choosing  the 
candidates  of  the  party  to  carry  out  those  promises  in  case 
of  victory.  If  the  majority  of  the  party  members  pay  no 
attention  to  the  primaries  and  then  vote  for  any  one  whom 
the  party  managers  nominate,  a  few  persons  who  give  their 
time  and  attention  to  the  primaries  will  actually  "  boss  " 
the  party.  A  boss  is  a  person  who  engages  in  politics  all 
of  the  time  and  looks  after  the  primaries,  and  then  bosses 
the  public  officers  who  are  elected  by  the  party. 

Managing  the  camyaign.  —  After  the  candidates  are  chosen 
and  the  platform  is  announced,  the  work  of  conducting  the 
campaign  for  election  falls  principally  upon  the  committee- 
men. They  raise  funds  by  securing  contributions  from  the 
candidates  themselves,  from  devoted  party  members,  and 
principally  from  those  who  expect  to  derive  some  benefit 
from  the  results  of  the  election.  The  money  so  collected  is 
spent  in  a  thousand  ways :  hiring  halls  for  public  speakers, 
posting  bills,  distributing  leaflets,  employing  "  party  work- 
ers," organizing  clubs  and  parades,  and  all  too  frequently 
in  buying  votes.  The  purpose  of  the  party  in  the  campaign 
is  to  influence  public  opinion  (p.  287)  and  secure  enough 
votes  to  win. 

How  the  citizen  may  influence  politics.  —  The  plain  citi- 
zen, in  order  to  have  much  weight  in  the  conduct  of  the  gov- 
ernment,—  local,  state,  or  national,  —  must  combine  with 
others  whose  views  he  shares  more  or  less  completely.  That 
is,  he  must  join  a  political  party  when  he  has  made  up  his 
mind  about  the  things  which  the  government  ought  to  do 
or  ought  not  to  do.  If  any  person  finds  that  he  cannot 
agree  with  any  of  the  parties,  he  may  be  an  independent, 
voting  this  way  or  that  as  he  may  be  inclined.  The  inde- 
pendent also  has  his  place  and  is  not  without  influence.  He 
may  criticize  the  views  of  all  the  parties  and  all  of  the  parties 
must  take  into  account  the  independent  citizen  who  will 


150  American  Citizenship 

not  vote  a  party  ticket  just  because  his  father  did,  but  con- 
siders each  election  on  its  merits. 

Plans  to  secure  an  honest  ballot  and  a  fair  count  in  elec- 
tions. —  At  the  primaries  and  the  elections,  the  citizens 
really  decide  what  kind  of  government  they  are  to  have  and 
vrhat  public  services  it  is  to  render  them.  But  it  is  not  a 
simple  thing  to  secure  fair  and  just  elections.  Ignorant  and 
indifferent  men  sell  their  votes ;  men  who  have  some  selfish 
motives  in  winning  elections  buy  votes;  "repeaters,"  as 
they  are  called,  slip  in  a  vote  more  than  once ;  corrupt  men 
stuff  the  ballot  boxes  by  putting  in  more  than  one  ballot 
at  a  time ;  persons  who  are  not  entitled  to  vote  are  frequently 
allowed  to  vote ;  and  sometimes  there  are  drunkenness  and 
disorder  at  the  polls,  and  the  ballots  are  not  honestly  counted 
at  the  close.  There  have  been  many  disgraceful  election 
scenes,  but  we  can  truly  say  that  we  have  made  rapid  progress 
toward  decent  elections. 

The  registration  of  voters  before  elections.  —  Not  long  ago 
all  persons  who  thought  they  were  entitled  to  vote  (and 
some  who  knew  they  were  not)  appeared  at  the  elections,  and 
the  question  as  to  whether  they  were  lawful  voters  was  then 
settled  at  the  polls.  To-day  it  is  customary,  particularly 
in  the  great  cities,  to  make  up  a  list  of  lawful  voters  several 
days  before  the  election,  by  requiring  all  who  intend  to  vote  to 
come  before  election  officers  and  register  their  names  as 
prospective  voters.  This  is  known  as  ''  registration."  On 
election  day  no  person  can  vote  whose  name  does  not  appear 
in  the  registration  book  which  is  brought  to  the  polls  and 
there  guarded  by  public  officers.  Furthermore,  it  is  possible 
to  prevent  any  person  not  entitled  to  vote  from  voting  on 
election  day,  even  though  his  name  may  appear  in  the  regis- 
tration book.  In  the  cities,  detectives  are  often  employed 
to  trace  down  the  persons  who  register  as  residing  at  certain 
places  and  claim  the  right  to  vote,  to  see  whether  their 
claims  are  correct.     By  this  method  the  names  of  thousands 


The  Political  Party  and  the  Government 


151 


are  struck  from  the  books,  who  would  otherwise  have  voted 
because  it  would  have  been  impossible  to  dispute  their  claims 
in  the  few  minutes  at  the  election  booth. 

The  secret  ballot  in  ^primaries  and  elections.  —  In  olden 
times,  elections  were  held  in  the  open  air  or  in  a  hall,  and  every 
voter  announced  publicly  the  names  of  the  candidates  for 


lasls^fe^ 


From  an  old  print. 

Open-air  Voting  in  the  Eighteenth  Century 

whom  he  voted.  Later  every  political  party  printed  its  own 
list  of  candidates  on  a  ballot,  each  party  using  a  different 
color,  and  the  voter  was  given  a  ballot  by  the  party  managers 
at  the  polls.  Every  one  could  see  him  put  the  ballot  into  the 
box  and  tell  from  its  color  for  what  party  he  was  voting.  It 
was  possible  for  employers  to  force  their  workingmen  to  vote 
certain  tickets  and  see  that  they  obeyed  orders  ;  the  man  who 
bought  votes  could  stand  by  the  polls  and  see  his  victims 
vote  ;  and  the  political  boss  could  intimidate  men  who  would 
otherwise  have  voted  independently. 


152  American  Citizenship 

The  principles  of  the  "Australian  ballot."  —  To-day  all 
this  has  been  radically  changed  by  the  adoption  of  the  Austra- 
lian ballot  which  usually  means  in  the  United  States  the 
following  things : 

(a)  All  ballots  of  all  parties  are  printed  at  public  expense 
and  they  are  given  only  to  the  voters,  one  by  one,  on  election 
day. 

(6)  Voting  is  secret  ;^  that  is,  the  voter  marks  his  ballot  in 
a  closed  compartment  where  no  one  can  see  for  whom  he  votes. 

(c)  The  names  of  all  the  candidates  of  all  the  parties  are 
put  on  the  same  ballot ;  the  voter  marks  his  ballot,  folds 
it  so  that  the  marking  is  not  visible,  and  sees  it  placed  un- 
opened in  the  ballot  box. 

Party  column  aiid  Massachusetts  ballots.  —  The  arrange- 
ment of  the  names  on  the  ballot  is  an  important  matter. 
In  a  majority  of  states  the  names  of  the  candidates  of  each 
party  are  placed  in  one  column  under  a  party  emblem  and  the 
voter  may  vote  a  "  straight  ticket,"  that  is,  for  all  the  candi- 
dates of  a  party,  by  making  a  single  mark  in  a  circle  at  the  top 
of  the  column.  In  order  to  encourage  the  voters  to  think  more 
about  the  merits  of  the  several  candidates  than  about  their 
party  membership,  ^Massachusetts  adopted  many  years  ago 
the  plan  of  arranging  all  of  the  candidates  of  all  of  the  parties 
in  alphabetical  order  under  the  titles  of  the  respective  offices 
for  which  they  are  running.  In  that  way  no  one  can  vote  a 
straight  ticket  by  making  a  single  mark ;  the  voter  must 
mark  the  name  of  each  person  for  whom  he  votes.  The 
^Massachusetts  ballot,  however,  does  not  leave  the  party  out 
of  account  altogether,  for  after  the  name  of  each  candidate 
appears  the  name  of  the  party  to  which  he  belongs  (unless, 
of  course,  he  is  running  as  an  independent). 

Nonpartisan  ballots.  —  So  great  is  the  opposition  to  the 
introduction  of  state  and  national  politics  into  ;'ity  elections 
that  many  cities  have  what  are  known   as    "  nonpartisan 

1  Voting  is  secret  eveu  if  a  voting  machine  is  used. 


T}ie  Political  Party  and  the  Government  153 


W!\i  (UommanuKaUI;  of  iiafiuoartfuartta 


List  of  Candidates  nominated,  to  be  voted  for  in  the  Town  of  Amherst,  Nov.  8, 191 0. 
SPECIMEN   BALLOT. 


PenAlty  for  wilfully  defacing,  tearing  down,  removing  or  destroying  a  list  of  candidates 
fln.^  not  exceeding  one  hundred  dollarg. 


specimen   ballot- 


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154  American  Citizenship 

ballots "  (p.  135).  Candidates  for  mayor,  council,  and 
other  city  offices  are  thus  nominated  by  petition  alone ;  no 
political  party  can  make  nominations.  The  names  of  the 
candidates  are  arranged  in  order  under  the  title  of  the  re- 
spective offices,  and  no  party  emblems  or  party  designations 
whatsoever  appear  on  the  ballot.  The  voter  must  mark 
the  name  of  every  candidate  for  whom  he  votes,  and  he  has 
no  party  signs  to  guide  him. 

The  maintenance  of  good  order  at  election  places. — The  selec- 
tion of  the  polling  places  is  important,  because  they  should 
be  convenient  to  the  voters,  and  in  decent,  orderly  buildings 
so  that  everything  may  go  off  quietly  and  respectably. 
Enough  polling  places  should  be  opened  so  that  crowding  is 
not  necessary  and  that  each  voter  may  have  plenty  of  time  to 
mark  his  ballot.  The  polling  place  should  be  on  the  ground 
floor  and  in  full  public  view.  It  should  not  be  in  a  dirty  little 
shop,  and  particularly  not  in  or  near  a  saloon.  Very  recently, 
especially  since  the  growth  of  woman  suffrage,  has  come  a 
demand  for  the  use  of  the  school  buildings  as  election  places, 
and  in  fact  they  are  so  used  in  many  cities  now.  Where  this 
is  done  there  is  a  marked  improvement  in  the  tone  of  the 
elections.  Certainly  there  is  no  place  too  good  or  too  sacred 
to  be  used  for  such  a  noble  purpose.  The  old  notion  that  an 
election  is  a  time  for  drunkenness  and  brawls  is  now  thoroughly 
discredited,  even  in  states  where  women  do  not  vote,  for  a 
decent  man  does  not  want  to  vote  in  a  saloon  or  have  his 
life  in  peril  while  he  casts  his  ballot. 

How  the  -parties  watch  each  other  at  the  polls.  —  In  order  to 
secure  fair  play  all  around,  it  is  customary  to  give  to  each 
of  the  two  parties,  casting  the  highest  vote  in  a  preceding 
election,  representatives  on  the  official  election  board  that 
presides  over  each  polling  place.  In  addition  to  this  safe- 
guard, each  party  with  candidates  on  the  ballot  is  allowed  a 
certain  number  of  "  watchers  and  challengers  "  who  are  ad- 
mitted to  the  polling  place  and  given  the  right  to  challenge 


The  Political  Party  and  the  Government  155 

any  person  who,  in  their  opinion,  is  not  lawfully  entitled  to 
vote,  and  also  the  right  to  watch  the  counting  of  the  ballots 
to  see  that  each  ballot  is  honestly  recorded  and  the  numbers 
set  down  correctly  in  the  official  books.  In  the  suffrage 
states,  women  are  frequently  engaged  as  watchers  and  even 
in  non-suffrage  states  they  have  sometimes  acted  as  watchers 
with  good  effect  upon  the  order  and  decent  conduct  of  elec- 
tions. 

The  importance  of  the  hours  for  opening  and  closing  the  polls. 
—  It  is  important  that  the  hours  of  voting  shall  be  so  fixed 
as  not  to  deprive  those  who  go  to  work  early  in  the  morning 
and  work  late  in  the  evening  of  the  right  to  vote.  Often 
when  the  hour  of  closing  the  polls  is  fixed  at  six  o'clock,  p.m., 
there  is  a  great  rush  of  workingmen,  and  many  are  prevented 
from  voting  at  all.  One  way  to  obviate  this  difficulty  is  to 
require  employers  to  allow  their  workmen  sufficient  time  off 
to  go  and  vote,  without  making  a  cut  in  their  wages  for  the 
day. 

The  use  of  money  in  primaries  and  elections.  —  Among  the 
many  problems  of  providing  for  fair  elections  is  that  raised 
by  the  extensive  use  of  money  by  the  parties  in  their  cam- 
paigns and  by  candidates  seeking  nominations  for  office. 
Campaigns  cost  money  even  if  no  votes  are  bought.  Halls 
must  be  hired,  many  speakers  paid,  large  quantities  of 
printed  matter  issued,  and  traveling  expenses  met.  A  million 
dollars  is  estimated  as  a  small  sum  with  which  to  carry  on  a 
national  campaign,  and  some  investigations  during  recent 
years  have  revealed  the  expenditure  of  enormous  sums  by 
the  leading  parties.  In  1912  one  candidate  for  nomination 
spent  in  his  campaign  over  half  a  million  dollars  raised  by 
two  or  three  friends.  Under  the  direct  primary  no  one  can 
hope  to  receive  the  nomination  unless  he  spends  a  large  sum 
on  "  publicity,"  in  presenting  his  claims  to  the  voters.  A  poor 
man  can  hardly  expect  to  be  nominated  unless  he  can  induce 
some  rich  friends  to  pay  his  campaign  expenses. 


156  Americaji  Citizenship 

Sources  of  money  for  use  in  'primaries  and  elections.  —  In- 
vestigations have  shown  that  the  large  contributions  to  party 
funds  for  campaign  purposes  within  recent  years  have  come 
from  the  following  sources  : 

(1)  Corporations  and  business  interests  desirous  of  securing 
favors  from  the  government  when  the  party  to  which  they 
contribute  gets  into  power. 

(2)  Saloons,  gambling  places,  and  other  similar  institu- 
tions which  seek  to  evade  the  laws  against  liquor  selling, 
gambling,  and  vice  generally. 

(3)  Office  holders  who  are  compelled  to  contribute  to  a 
party  for  fear  of  losing  their  positions  after  the  election  if  they 
do  not.  A  number  of  instances  have  been  unearthed  of 
office  holders  contributing  to  two  parties  so  as  to  be  sure 
of  having  a  friend  in  power. 

(4)  Contractors  for  roads,  public  buildings,  parks,  and 
other  public  works,  who  expect  to  secure  profitable  con- 
tracts on  favorable  terms  from  the  victorious  party. 

(5)  Candidates  who  must  pay  heavily  for  their  nomina- 
tions, sometimes  as  high  as  twenty-five  per  cent  of  the 
salaries  of  the  offices  they  seek. 

(6)  Companies  and  corporations  that  want  franchises 
and  charters  from  the  government  to  build  street  railways 
and  operate  public  service  concerns  of  one  kind  or  another. 

How  m,oney  is  spent  in  campaigns.  —  The  money  thus 
raised  is  spent  in  three  different  ways.  A  vast  amount  goes 
for  the  legitimate  expenses  of  the  campaigns.  Xot  a  little 
is  spent  illegitimately  buying  votes,  either  in  purchasing 
them  outright  or  in  "  treating  "  and  other  devious  schemes. 
Then  a  considerable  portion  is  spent  in  ''  influencing  public 
opinion  "  in  a  questionable  manner,  paying  large  sums  to 
speakers  who  might  be  lukewarm  or  in  the  opposition,  buying 
space  in  newspapers  without  labeling  it  advertising,  employ- 
ing detectives  to  hunt  up  scandals  about  opposing  candidates, 
paying  persons  to  walk  in  monster  parades  and  otherwise 
"  throwing  dust  "  in  the  eyes  of  the  voters. 


The  Political  Party  and  the  Government  157 

Laws  controlling  use  of  money  in  elections.  —  The  many 
evils  connected  with  the  lavish  use  of  money  have  brought 
about  legislation  intended  to  control  them.  Such  legislation 
usually  embraces  the  following  principles  : 

(1)  Prohibition  of  contributions  by  corporations.  This  was 
adopted  by  the  federal  government  in  1907  and  has  been 
adopted  by  several  states  also. 

(2)  Limitation  of  the  amount  to  be  spent  by  candidates 
to  certain  sums  or  a  certain  percentage  of  the  salaries  of 
the  offices  for  which  they  are  candidates.  Candidates  for 
the  United  States  Senate  may  spend  only  $10,000  for  their 
primaries  and  elections ;  candidates  for  the  House  of  Rep- 
resentatives may  spend  S5000. 

(3)  Restriction  of  the  uses  to  which  money  may  be  put  in 
elections. 

(4)  Punishment  for  bribery. 

(5)  Publicity  of  campaign  funds  ;  that  is,  requiring  parties 
and  candidates  to  report  their  receipts  and  expenditures 
during  campaigns,  for  public  record.  This  is  required  in 
national  elections  and  in  a  large  majority  of  the  states. 

Publicity  in  'primaries  and  elections  :  the  Oregon  plan.  —  In 
order  to  offset  the  advantages  which  men  of  great  wealth 
have  in  the  contests  for  office,  Oregon  has  adopted  a  unique 
scheme.  It  forbids  candidates  to  spend  more  than  a  certain 
amount  to  secure  their  nomination  and  election.  It  issues  a 
"  publicity  pamphlet  "  for  the  primaries  and  the  elections. 
For  the  primary,  the  government  prepares  a  pamphlet  for 
each  party ;  the  members  of  each  party  running  for  the 
several  offices  are  given  a  certain  number  of  pages  in  this 
pamphlet  at  a  small  cost ;  and  then  the  pamphlet  is  sent  at 
public  expense  to  the  party  voters  throughout  the  state, 
county,  or  city,  as  the  case  may  be.  At  elections,  the  state 
issues  a  publicity  pamphlet  in  which  all  parties  are  given  a 
certain  si)ace  at  a  small  cost  to  set  forth  their  claims  upon 
the  voters  for  support.     This  document  is  then  sent  to  all 


158  American  Citizenship 

the  voters  at  public  expense.  Thus  the  poor  and  the  rich, 
the  small  party  and  the  large  party,  stand  all  on  the  same 
footing  as  far  as  the  official  publicity  arrangements  go.  Of 
course  this  does  not  counterbalance  the  influence  of  powerful 
newspapers,  but  it  at  least  enables  all  to  have  some  hearing 
before  the  public. 

Questions 

1.  What  were  the  first  political  parties  we  had  ? 

2.  What  gave  rise  to  the  Whig  party  ?     The  Republican  party  ? 
The  Populists  ?     The  Socialists  ?     The  Progressives  ? 

3.  How  is  a  party  organized  ? 

4.  What  is  a  platform  ? 

5.  What  is  meant  by  political  issues  ? 

6.  What  is  the  importance  of  the  primary  ? 

7.  How  may  the  citizen  influence  politics  ? 

8.  What  was  the  value  of  the  introduction  of  the  Australian 
ballot  ? 

9.  What  is  the  Massachusetts  ballot  ? 

10.  What  means  are  now  taken  to  secure  an  honest  ballot  ? 

11.  What  part  does  money  play  in  election  returns? 

Additional  Reading 

State  and  Local  Politics:  Beard,  American  Government,  pp. 
65G-70.5 ;  Readings,  pp.  567-589 ;  Bryce,  American  Common- 
wealth, Vol.  I,  pp.  571-583. 

National  and  Local  Politics  :  Kaye,  Readings  in  Civil  Govern- 
ment, pp.  369-372. 

The  Party  System  of  Government:  Bryce,  Vol.  II,  pp.  3-246; 
Jones,  Readings  on  Parties  and  Elections,  pp.  1-20. 

The  Development  of  Party  Organization  in  the  United 
States:  .Jones,  pp.  28-46. 

The  Value  of  Political  Organization  :  Ward,  The  Social 
Center,  pp.  69-95. 

Party  Organization  in  Detail  :  .Jones,  pp.  169-205. 

The  Ballot  and  its  Forms  :   Jones,  pp.  212-244. 

Party  Problems  and  Remedies  :  Jones,  pp.  251-330. 

Operations  of  a  Municipal  Boss :   Beard,  Readings,  pp.  566-.572. 


CHAPTER  XIII 
REPRESENTATIVE  GOVERNMENT  AND  DEMOCRACY 

I.    Changing  democracy. 
II.    Democracy  and  representative  government. 

1.  The  idea  of  a  "representative  republic." 

2.  Why  representative  government  was  established  in  the 

United  States. 

3.  The  use  of  the  term  "  democracy  "  to-day, 

III.  Growth  of  direct  democracy. 

1.  Direct  government  is  being  applied  in  our  state  affairs. 

2.  Why  direct  government  has  grown  in  favor. 

3.  Where  direct  government  is  popular. 

IV.  The  initiative. 
V.    The  referendum. 

VI.    The  recall. 

1.  The  recall  of  judicial  decisions. 
VII.    The  direct  primary. 
VIII.    The  short  ballot. 

1.  How  little  the  voter  knows  about  the  men  for  whom  he 
votes. 
IX.    Various  views  as  to  direct  democracy. 

1.  Two  ways  of  viewing  direct  government. 

2.  Two  kinds  of  opponents  of  direct  government. 

3.  Democracy  a  matter  of  indefinite  growth. 


Changing  democracy.  —  We  have  thus  far  spoken  of  the 
machinery  of  our  government  as  if  it  were  very  definitely 
fixed  and  not  likely  to  change.  We  should  give  a  false 
notion  of  the  politics  of  our  time,  however,  if  we  should  take 
no  account  of  some  important  alterations  in  the  present 
methods  of  making  and  enforcing  laws  by  elected  agents, 
which  are  now  being  made,  particularly  in  the  Western  states. 

159 


i6o  American  Citizenship 

The  most  significant  of  all  these  changes  is  the  growth  of  the 
idea  of  "  direct  democracy  "  as  opposed  to  "  representative 
democracy."  It  is  therefore  necessary  for  us  to  examine  in 
detail  just  what  this  change  implies. 

Democracy  and  representative  government.  —  There  prob- 
ably never  was  a  general  idea  about  which  more  confusion  has 
existed  than  about  the  idea  of  democracy.  The  word  in  its 
Greek  origin  meant  a  government  b}^  the  people ;  but  how 
many  people  should  be  given  a  share  in  the  government  and 
just  how  they  should  govern  in  order  to  constitute  a  democ- 
racy is  a  matter  which  has  never  been  clearly  settled.  It 
is  customary  for  those  who  are  given  the  vote  to  assume  that 
they  are  "  the  people  "  and  that  their  government  is  that 
of  a  democracy.  It  is  commonly  assumed,  too,  that  the  framers 
of  the  American  government  thought  that  they  were  estab- 
lishing a  democracy  and  that  a  representative  government 
chosen  by  voters  was  itself  a  democracy.  But  this  assump- 
tion is  not  correct.  At  the  time  of  the  American  Revolution 
and  the  formation  of  the  Constitution,  the  word  "  democ- 
racy "  was  in  disfavor  in  the  United  States  as  well  as  in 
Europe.  Indeed,  it  was  commonly  associated  with  the 
words  anarchy  and  atheism  in  the  minds  of  leading  people. 

The  idea  of  a  "representative  republic.'"  —  The  founders 
of  our  government  intended  to  set  up  a  "  representative  " 
republic.  To  Madison  a  democracy  meant  a  "  society  con- 
sisting of  a  number  of  persons  who  assemble  and  administer 
the  government  in  person,"  a  government  modeled  on  that 
of  a  New  England  town  meeting  (p.  142).  On  the  other 
hand,  a  representative  republic  meant  to  him  a  government 
by  representatives  or  agents  chosen  by  those  voters  who 
possessed  the  necessary  property  qualifications  (p.  66). 
In  a  democracy,  as  it  was  defined,  the  voters  themselves 
determine  what  the  government  shall  do  and  how  it  shall 
be  done  by  voting  on  laws  as  well  as  for  officers.  In  a  rep- 
resentative   republic,  on    the    contrary,  the  voters  do  not 


Representative  Government  and  Democracy  i6i 

decide  on  laws  or  measures,  but  they  choose  their  agents 
or  representatives,  who  determine  what  is  good  for  the  peo- 
ple. If  the  voters  do  not  like  what  their  agents  do,  they  may 
elect  new  agents  at  the  expiration  of  the  terms  of  the  old 
ones ;  but  the  new  agents  are  to  interpret  what  the  people 
need  —  the  people  are  not  to  decide  for  themselves,  by  voting, 
just  what  kind  of  laws  they  want. 

Why  ''  representative  "  government  was  established  in  the 
United  States.  —  To  the  founders  of  our  government,  this 
idea  of  agency  or  representation  was  even  more  important 
than  the  suffrage  itself.  They  foresaw  that  in  time  the 
suffrage  might  probably  be  extended  to  all  adult  males  (the 
idea  of  suffrage  for  v/omen  was  entirely  foreign  to  their 
thoughts) ;  but  they  thought  that,  if  the  proper  kind  of 
representative  government  could  be  maintained,  no  great  harm 
might  result.  So  they  put  into  their  scheme  of  representa- 
tive government  the  system  of  checks  and  balances  which 
we  have  described  before  (p.  184).  The  members  of  the 
House  of  Representatives  were  to  be  elected  by  the  voters 
at  large  ;  the  Senators  bj'  the  state  legislatures  ;  the  President 
by  a  specially  chosen  body  of  presidential  electors ;  and  the 
judiciary  by  the  President  and  Senate.  This  was  to  prevent 
the  masses  from  having  too  much  direct  power  or  making 
laws  too  hastily. 

The  use  of  the  term  "  democracy  "  to-day.  — ■  We  no  longer 
use  the  word  "  democracy"  as  the  founders  of  our  government 
us(>d  it,  as  micaning  a  government  in  which  the  people  not 
only  elect  officers  but  make  laivs  by  voting.  When  we  speak 
of  democracy  in  this  sense  now,  we  add  the  adjective 
"  direct  "  —  meaning  government  by  the  voters  directly 
rather  than  by  agents  chosen  for  the  purpose  of  discovering 
and  enforcing  the  voters'  will. 

Growth  of  direct  democracy.  —  There  has  been  a  tendency 
in  our  government  to  allow  more  people  to  vote  and  to  allow 
them  to  decide  upon  latvs  and  constitutions  by  the  ballot  as  well 

M 


1 62  American  Citizenship 

as  to  choose  officers  and  representatives  directly.  The 
federal  government  has  been  made  more  ''  direct "  :  (a)  by 
the  practice  of  making  the  presidential  electors  mere  ciphers 
in  the  presidential  election  (p.  107) ;  and  (6)  by  the  recent 
amendment  providing  for  the  election  of  United  States  Sen- 
ators by  popular  vote  instead  of  indirectly  by  the  state 
legislatures  (p.  101). 

Direct  government  is  being  applied  in  our  state  affairs.  —  It 
is  in  the  states  that  our  governments  have  been  made 
more  democratic,  in  the  sense  of  having  a  wider  suffrage 
(p.  69)  and  more  direct,  in  the  sense  of  vesting  in  the  voters 
the  right  to  say  whether  or  not  they  will  have  this  law  or  that 
constitution  for  themselves.  Some  of  our  states  are  democ- 
racies in  almost  the  exact  sense  that  the  term  was  used  by 
the  founders  of  our  system  of  government;  that  is,  voters 
not  only  choose  officers,  but  decide  upon  laws  at  the  polls. 
It  is  true  that  they  do  not  all  meet  at  one  place  to  do  this, 
and  this  is  an  important  distinction.  If  they  all  met  —  tens 
of  thousands  at  the  state  capital  —  we  should  have  direct 
democracy  in  the  old  sense,  and  probably  all  of  the  riots  and 
disorders  which  were  originally  associated  with  the  notion ; 
but  they  do  not  so  meet.  They  decide  things  individually, 
after  discussion,  by  voting  "  yes  "  or  ''no"  on  laws  in  the 
polling  booths  at  elections. 

Why  direct  government  has  grown  in  favor.  —  This  increase 
in  the  power  of  the  voters  has  been  due  to  two  main  causes : 
(a)  dissatisfaction  with  the  way  that  the  representatives 
actually  conducted  the  government ;  and  (b)  the  growth 
of  a  political  interest  among  the  voters  which  makes  them 
want  to  take  more  part  in  government.  Dissatisfaction 
with  representative  government  began  to  appear  early ; 
representatives  often  would  not  make  the  laws  for  which  there 
was  a  large  popular  demand ;  and  they  were  frequently 
corrupt,  and  made  laws  for  the  benefit  of  private  persons  and 
corporations  by  granting   them  concessions   and   privileges 


Representative  Government  and  Democracy  163 

of  all  kinds.  Owing  to  the  spread  of  education  and  the 
development  of  cheap  newspapers  and  books,  large  numbers  of 
voters  now  think  that  they  can  decide  many  matters  better 
than  their  agents  can. 

Where  direct  government  is  'popular.  —  The  principle  of 
direct  government  has  been  adopted  in  about  one-third  of 
the  states,  including  South  Dakota,  Oregon,  Washington, 
California,  Oklahoma,  Maine,  Arizona,  Ohio,  and  Colorado. 
The  demand  for  similar  reforms  is  so  strong  in  other  states 
that  it  is  desirable  to  explain  the  system  in  great  detail 
and  to  examine  with  some  care  the  ideas  upon  which  it  is 
based. 

The  initiative.  —  The  initiative  is  a  device  whereby  any 
person  or  group  of  persons  may  draft  a  proposal  for  a  law  and, 
on  securing  the  signatures  of  a  certain  number  of  voters,  have 
it  submitted  to  the  voters  at  large  for  their  approval  or  dis- 
approval. Thus  it  is  possible  for  the  voters  to  make  laws 
without  using  the  legislature  at  all.  Suppose,  for  example, 
that  some  of  us  thought  there  ought  to  be  a  law  granting  pen- 
sions to  poor  widows  with  children  and  we  could  not  persuade 
the  legislature  to  pass  it.  Under  the  "  direct  "  government 
system  we  could  draw  up  the  law  ourselves,  go  around  and 
get  a  certain  number,  say  5  per  cent,  of  the  voters  to  sign  a 
petition  asking  for  the  submission  of  the  law  to  the  voters ; 
if  we  got  the  required  number  of  signers,  the  secretary  of 
state  would  have  to  print  a  ballot  for  the  next  election, 
asking  the  voters  whether  they  approve  the  law,  "  Yes  or 
No."  If  a  majority  of  those  voting  said  "  yes,"  our  plan 
would  become  law. 

One  of  the  big  problems  in  connection  with  this  system  is  : 
"  How  many  voters  should  be  required  to  sign  the  petition 
in  order  to  have  the  law  submitted?  "  If  too  many  are  re- 
quired, the  difficulty  of  getting  the  signers  makes  it  impossible 
to  work  the  system.  If  only  a  few  signers  are  necessary, 
then  many  proposals  that  the  people  do  not  want  at  all  would 


164  American  Citizenship 

have  to  be  voted  on  at  every  election  —  a  great  expense  and 
a  nuisance  besides. 

The  referendum.  —  The  word  "  referendum  "  is  from  the 
Latin  word  rejerre,  meaning  "  to  carry  back."  As  applied 
in  politics,  it  means  a  system  whereby  the  laws  made  by  a 
legislature  may  be  carried  back  to  the  voters  for  their  ap- 
proval before  going  into  effect.  Where  it  is  used  a  small 
percentage  of  the  voters  who  do  not  like  a  law  or  an  appro- 
priation of  money  passed  by  the  legislature  may  get  up  a 
petition  against  it,  and,  on  securing  enough  signers,  may 
compel  the  secretary  of  state  to  place  the  law  before  the 
voters  at  the  next  election ;  if  they  approve,  it  becomes 
law ;  if  a  majority  do  not  want  it,  it  perishes.  This  idea  was 
adopted  in  one  form  in  our  states  before  the  initiative, 
through  the  practice  of  submitting  state  constitutions  and 
amendments  to  state  constitutions  to  the  voters  for  their 
approval  before  allowing  them  to  go  into  effect. 

The  recall.  — ■  The  recall  is  based  on  the  idea  that  an 
officer  is  a  mere  agent  and  can  be  turned  out  at  any  time  the 
voters  do  not  like  his  deeds.  The  old  idea  was  that  the 
officer  was  elected  for  a  term  of  years  and  was  expected  to  do 
his  best  according  to  his  own  notions.  The  recall  provides 
that  whenever  a  certain  number  of  voters  are  dissatisfied 
with  the  conduct  of  a  mayor  or  a  governor  or  any  elective 
officer,  they  can  get  up  a  petition  against  him,  compel  a  new 
election,  and  turn  him  out  of  office  if  a  majority  of  votes  are 
cast  against  him.  In  a  waj",  this  puts  the  execution  of  the 
law  directly  into  the  hands  of  the  voters. 

The  recall  of  judicial  decisions.  — ■  A  development  of  this 
idea  is  the  "  recall  of  judicial  decisions,"  which  is  a  plan 
whereby  a  certain  percentage  of  voters  who  do  not  like  the 
action  of  a  judge  in  declaring  a  law  unconstitutional  (p.  90) 
may  join  in  a  petition  and  have  submitted  to  the  voters 
this  question  :  "  Shall  the  law  which  Judge  X  declared  void 
continue  to  be  a  law  in  spite  of  his  decision?  "     If  a  majority 


Representative  Government  and  Democracy  165 

vote  "yes,"  the  law  stands;  otherwise  the  decision  of  the 
judge  stands.  This  plan  is  not  yet  in  force,  except  in  Colo- 
rado. 

The  direct  primary.  —  Another  part  of  the  plan  for  direct 
government  is  the  direct  primary,  which  we  have  already 
mentioned  in  connection  with  the  selection  of  officers  (page 
148).  The  convention  system,  which  it  abolished,  was 
based  on  the  idea  that  the  voters  could  wisely  select  delegates 
to  a  party  council  and  that  those  delegates  would  carefully 
and  honestly  select  the  best  members  of  the  party  to  be  the 
party  candidates  for  office.  The  direct  primary,  on  the 
other  hand,  is  based  on  the  idea  that  the  voters  can  decide 
best  for  themselves  what  persons  they  want  to  stand  as  their 
party  candidates. 

The  short  ballot.  —  So  many  officers  are  elected  now  that 
the  voter  often  has  to  choose  from  among  three  or  four 
hundred  candidates  for  forty  or  fifty  different  positions ; 
and  so  it  happens  that  the  bewildered  person  does  not  know 
much  about  any  of  the  men  for  whom  he  votes.  A  ballot 
fourteen  feet  long  was  recently  used,  for  example,  in  a  New 
York  election.  The  advocates  of  the  short  ballot  say :  "  Let 
us  reduce  the  number  of  officers  chosen  at  any  one  election 
to  three  or  four,  so  that  the  voters  will  have  a  chance  to  look 
the  candidates  over  carefully  and  select  good  men."  Many 
who  do  not  believe  in  direct  government  believe  in  the  short 
ballot,  saying,  "  If  the  voters  could  give  more  attention  to 
electing  a  few  good  men,  there  would  not  be  so  many  corrupt 
officers  and  representatives  chosen,  and  therefore  no  need  for 
the  initiative,  referendum,  and  recall." 

How  little  the  voter  knows  about  the  men  for  whom  he  votes.  — 
The  fact  is  that  with  so  many  officers  to  choose  the  voter 
simply  cannot  know  much  about  any  of  them.  How  this 
works  out  is  shown  by  the  answers  to  some  questions  put 
to  the  voters  of  a  Brooklyn  district  composed  of  intelligent 
and  independent  citizens.     The  following  table  giving  the 


1 66  American  Citizenship 

answers  shows  how  few  of  the  voters  knew  even  the  names  of 
the  officers  chosen  in  an  election  held  a  short  time  before  the 
questions  were  asked  :  — 

Do  you  know  the  name  of  the  new  state  treasurer  just  elected  ? 

Yes  :    13  per  cent. 

Do  you  know  the  name  of  the  present  state  treasurer  ? 

Yes  :  25  per  cent. 

Do  you  know  the  name  of  the  new  state  assemblyman  for  this 
district  ? 

Yes  :  30  per  cent. 

Do  you  know  the  name  of  the  defeated  candidate  for  assembly- 
man in  this  district  ? 

Yes  :  20  per  cent.     (Knew  both  of  them  :    16  per  cent.) 

Do  you  know  the  name  of  the  surrogate  of  this  county  ? 

Yes  :  35  per  cent. 

Do  you  know  the  name  of  your  alderman  ? 

Yes  :  15  per  cent. 

Do  you  know  whether  your  alderman  was  one  of  those  who 
voted  against  the  increase  in  the  police  force  last  year  ? 

Yes  :   2  per  cent. 

Various  views  as  to  direct  government.  —  The  initiative 
and  referendum  are  schemes  for  allowing  the  voters  to  make 
laws  directly  without  using  the  legislature  or  asking  its  advice 
at  all  and  to  veto  laws.  The  old  idea  was  that  the  voters 
could  not  themselves  know  enough  about  government  to 
decide  policies,  but  that  all  they  could  do  was  to  select  rep- 
resentatives who  should  give  their  attention  especially  to 
government,  relieving  the  voters  of  the  task  of  bothering 
about  anything  except  occasional  elections  of  agents.  Direct 
government,  however,  presupposes  that  the  voters  have  made 
up  their  minds  or  can  make  up  their  minds  on  all  matters, 
and  that  the  ofRcers  whom  they  choose  are  merely  agents 
to  carry  out  their  will.  The  system  has  an  educational  ad- 
vantage through  the  publicity  given  to  every  proposal. 
Leaflets,  large  and  small,  giving  both  side?  to  every  contro- 
versy, are  widely  distriljuted  among  the  men  and  women  of 
Oregon,  where  this  system  prevails. 


Representative  Government  and  Democracy  167 

Two  ways  of  viewing  direct  government.  —  This  movement 
for  "  direct  government  "  may  be  viewed  in  two  ways, 
(a)  Some  say  the  initiative  and  referendum  do  not  take  the 
place  of  representative  government  at  all ;  they  are  simply 
aids,  to  keep  the  government  "  truly  representative."  The 
initiative  will  not  be  used  often  —  only  in  flagrant  cases  where 
the  legislature  refuses  to  listen  to  the  just  demands  of  the 
people  ;  the  referendum  will  be  used  only  occasionally  when 
the  legislature  has  passed  a  grossly  unjust  and  clearly  unwise 
law.  This  is  probably  the  view  of  the  greater  portion  of 
those  who  advocate  such  reforms.  (6)  Other  advocates  of 
direct  government  look  upon  the  initiative  and  referendum 
as  practical  substitutes  for  the  legislature,  and  expect  in  time 
to  see  all  important  laws  made  directly  by  the  voters.  They 
believe  that  it  is  alwaj^s  better  to  have  the  direct  judgment 
of  the  voters  rather  than  that  of  a  legislature.  They 
look  forward  to  a  time  when  all  voters  will  be  intelligent  and 
interested  in  measures  instead  of  in  politicians,  and  will 
seek  the  knowledge  necessary  to  decide  every  important 
matter  at  the  polls. 

Two  kinds  of  opponents  to  direct  government.  —  Opponents 
of  the  system  of  direct  government,  likewise,  fall  into  two 
groups  :  (a)  those  who  are  afraid  of  the  people  and  want  them 
to  have  as  little  voice  in  the  government  as  possible ;  and 
(6)  those  who  believe  that  the  voters  simply  cannot  give 
the  time  and  attention  to  governmental  matters  which  is 
necessary  to  a  wise  decision  of  very  complicated  questions 
about  laws.  The  latter  believe  in  popular  rule,  the  right  of 
the  voters  to  elect  whomsoever  they  please,  to  turn  them  out 
at  elections,  and  to  have  enacted  into  law  anything  on  which 
they  have  definitely  made  up  their  minds.  The  latter  say  : 
"  We  accept  the  will  of  the  voters  as  law,  but  we  want  to  be 
sure  that  the  whole  matter  has  been  carefully  thought  out 
and  discussed  before  action  is  taken ;  we  do  not  want  to  put 
our  lives,  our  liberty,  and  our  property  at  the  mere}'  of  a 


1 68  American  Citizenship 

mere  chance  majority  at  the  polls  at  any  one  election."  That 
is  really  the  issue :  "  Should  a  mere  majority  of  those  who 
take  the  trouble  to  go  to  the  polls  be  allowed  to  make  any 
law  on  anything  they  please,  even  forbidding  freedom  of 
speech  and  religious  liberty?  " 

Democracy  a  matter  of  indefinite  growth.  —  From  what  we 
have  said  in  this  chapter,  it  is  clear  that  the  terms  "  democ- 
racy "  and  "  government  of  the  people  "  may  mean  much 
or  nothing,  and  that  repeating  them  without  explaining  what 
we  mean  by  them  is  useless.  How  many  and  what  per- 
sons ought  to  be  allowed  to  vote  in  order  to  constitute  a 
democracy?  What  should  the  voters  be  allowed  to  do  in 
order  to  have  a  "  government  of  the  people  "?  These  are 
questions  which  are  never  finally  settled,  but  are  in  fact  prob- 
lems which  all  of  us  are  compelled  to  face  as  citizens  and  to 
pass  upon  from  time  to  time.  Democracy  did  not  begin, 
therefore,  with  the  Declaration  of  Independence,  and  the 
last  word  will  never  be  said  on  the  subject  as  long  as  new 
thoughts  arise  in  the  human  brain  and  new  needs  are  felt  by 
the  people. 

Questions 

1.  What  is  the  difference  between  representative  government 
and  direct  demoeraej^  ? 

2.  Which  did  the  American  Fathers  regard  as  the  wiser  form 
of  government,  and  why  ? 

3.  How  has  the  federal  government  been  made  more  democratic 
in  the  sense  of  yielding  to  popular  control  ? 

4.  Where  do  we  have  direct  deraocracj'  now  and  why  was  it 
adopted  ? 

5.  What  are  the  initiative,  referendum,  recall,  and  short  ballot  ? 

6.  What  is  the  direct  primary  ;   the  recall  of  judicial  decisions  ? 

7.  What  arguments  do  opponents  of  direct  government  use  ? 

8.  What  are  the  two  ways  of  viewing  direct  government  as  a 
benefit  to  society  ? 

9.  In  what  way  does  direct  government  conflict  with  the  idea 
of  the  separation  of  functions  in  the  govenunent  ? 


Representative  Government  and  Democracy         169 


Additional  Reading 

Popular  Control  in  State  Governments  :  Beard,  Readings, 
pp.  411-431  ;    McCarthy,  The  Wisconsin  Idea,  pp.  88-123. 

Faults  and  Strength  of  American  Democracy:  Bryce,  Ameri- 
can Commonwealth,  Vol.  II,  pp.  630-654. 

The  Short  Ballot:  Beard,  American  Government,  pp.  474-487; 
Jones,  Readings  on  Parties  and  Elections,  pp.  225-232. 

The  Variations  in  the  Initiative  and  Referendum  :  Beard, 
461-471. 

Direct  Legislation  and  the  Recall  :  Jones,  pp.  335-352. 


PART    III 

THE   WORK   OF   GOVERNMENT 


CHAPTER   XIV 

THE    SERVICES    RENDERED    BY    THE    FEDERAL 

GOVERNMENT 

I.    The  government  as  a  cooperative  concern. 
II.    The  division  of  the  work  of  government  among  many 
officers. 

III.  Division    of    work    between    the    federal    and    state 

governments. 

1.  How  industries  are  national  in  character. 

2.  Why  the  states  find  it  difficult  to  regulate  industries. 

3.  National  laws  versus  uniform  laws. 

4.  Many  new  and  important  things  may  be  done  with- 

out changing  the  Constitution. 

5.  The  federal  government  is  in  fact  very  close  to  the 

people. 

IV.  In  what  ways  the  consumer  is  helpless. 
V.    What  interstate  commerce  is. 

VI.    Federal  regulation  of  railway  rates. 
VII.    Federal  pure  food  laws. 

1.  Federal  food  inspection  and  study. 

2.  The    importance    of    watching    our    food    supplies 

carefully. 

3.  Should   the   consumer   be   protected   against   other 

schemes  for  cheating  ? 
VIII.    The  theory  of  a  protective  tariff. 

1.  The  present  defense  of  protection. 

2.  The  tariff  and  foreign  labor. 

3.  The  free  trade  theory. 
IX.    The  practical  tariff  question. 

I.  The  tariff  is  always  a  compromise. 
X.    The  tariff  commission. 
XI.    Fieciprocity. 
XI T.    Searching  for  foreign  trad*'. 
1/3 


174 


American  Citizenship 


XIII. 


XIV. 


XV. 


XVI. 

XVII. 
XVIII. 

XIX. 
XX. 

XXI. 

XXII. 
XXIII. 
XXIV. 

XXV. 

XXVI. 


XXVII. 

XXVIII. 

XXIX. 

XXX. 

XXXI. 

XXXII. 

XXXIII. 


The  trust  question. 

1.  The  old  theory  of  competition. 

2.  How  big  combinations  and  trusts  grew  up. 

3.  The  unfair  methods  of  trusts. 

4.  The  federal  law  against  trusts  —  the  Sherman  Act 

of  1890. 
Present  theories  about  what  to  do  with  the  trusts. 

1.  The  advocates  of  a  radical  breaking  up  of  the  trusts. 

2.  Regulation  of  the  trusts. 

3.  The  socialist  theory  about  the  trusts. 

4.  Theory  of  "natural  monopoly." 
The  public  land  grants  to  farmers. 

1.  The  policy  of  the  government  in  granting  lands  to 

farmers. 
Irrigation  works. 
Agricultural  colleges. 
The  Department  of  Agriculture. 
The  power  of  Congress  over  labor  matters. 
Federal  laws  about  labor. 
The  Department  of  Labor. 
Competition  with  foreign  labor. 
Immigration. 

Labor  emploj'ed  by  the  government. 
The  post  office. 

1.  The  services  rendered  by  the  post  office. 
Natural  resources. 

1.  Proposals  for  dealing  Avith  our  natural  resources. 

2.  Surveying  the  national  domains. 
River  and  harbor  improvements. 

1.  The  waste  of  public  funds  in  such  schemes. 

The  Panama  Canal. 

Building  national  highways. 

Health  not  altogether  a  local  concern. 

Inspection  of  immigrants. 

The  public  health  service. 

1.  The  reorganization  of  federal  health  work  in  1912. 

National  defense. 

1.  The  standing  army. 

2.  The  militia. 

3^  The  reserve  militia. 

4.  The  navy. 

5.  Rapid  increase  in  naval  expenditure. 


Services  Rendered  by  Federal  Government  175 

6.  The  command  of  the  army  and  navy. 

7.  Pensions  for  soldiers. 

8.  The  cost  of  wars. 

9.  War  against  war. 
10.  Arbitration  Treaties. 

XXXIV.    Importance  of  the  President's  power  in  international 
affairs. 
1.  How  the  President  negotiates  with  other  countries. 
XXXV.    Gold  and  silver  coinage. 

1.  The  ratio  between  gold  and  silver  in  coins. 

2.  The  history  of  the  ratio  down  to  1873. 

3.  The  free  silver  question. 

4.  Paper  money. 

5.  National  bank  notes. 

6.  The  problem  of  national  banking. 

7.  The  new  banking  law  of  December,  1913. 
XXXVI.    The  power  of  Congress  to  tax. 

XXXVII.    The  chief  sources  of  federal  revenue. 
XXXVIII.   Making  the  budget. 

1.  Balancing  the  books. 
XXXIX.    The  power  of  the  federal  government  over  territories. 

1.  The  District  of  Columbia. 

2.  The  territories. 


The  government  a  cooperative  concern.  —  Mention  has 
been  made  of  the  human  needs  which  the  government  is 
designed  to  meet,  and  of  the  way  in  which  the  persons  who  com- 
pose the  government  are  chosen  and  put  to  work.  There  is 
another  most  important  phase  of  civics ;  namely,  just  what 
the  government  does  to  make  this  a  safer,  wiser,  and  happier 
country.  In  other  words,  how  can  the  government  help  the 
individual  in  his  struggle  to  make  a  living  safely  and  with 
the  least  waste,  to  improve  his  mind,  and  to  secure  himself 
against  misfortunes  over  which  he  has  no  control?  This 
does  not  mean  that  we  are  asking  the  government  to  do 
for  us  what  we  should  do  for  ourselves,  but  it  does  mean 
that  to-daj"  there  are  many  things  which  we  as  individuals 
cannot  do  without  joining  with  our  fellow  citizens  —  with- 


176  American  Citizenship 

out  cooperating  and  using  some  branch  of  the  government. 
For  example,  no  one  wants  to  be  poisoned  by  adulterated 
foods,  but  every  one  has  not  the  time  to  go  around  and 
inspect  the  hundreds  of  factories  in  which  food  is  prepared ; 
therefore,  a  joint  agent,  a  government  officer,  is  employed 
to  do  the  work  for  all  of  us. 

The  division  of  the  work  of  government  among  many 
officers.  —  The  officers  who  perform  all  kinds  of  public  ser- 
vices for  us  are  federal,  state,  city,  and  rural  officers.  The 
work  of  government  is  so  divided  that  it  is  not  always  a 
simple  matter  to  know  which  of  these  officers  is  responsible 
for  any  given  undertaking.  Sometimes  we  see  city,  state, 
and  federal  health  officers  cooperating  to  fight  disease,  and 
sometimes  we  find  federal  and  state  officers  disagreeing  about 
their  respective  powers  over  an  important  matter.  This  di- 
vision of  public  work  between  the  national  and  state  govern- 
ments has  been,  and  still  is,  one  of  the  most  troublesome 
problems  of  our  country. 

Division  of  work  between  the  federal  and  state  govern- 
ments. —  Some  people  think  that  they  can  solve  it  by  saying 
in  a  fight  manner,  "  Oh,  let  the  state  do  the  things  which 
belong  to  the  state  and  the  federal  government  the  things 
which  belong  to  it ;  "  but  that  only  begs  the  real  question, 
"  What  things  actually  do  belong  to  each?  "  This  problem 
has  been  discussed  for  a  hundred  years,  but  it  has  not  been 
solved,  and  in  fact  it  never  can  be  solved,  because  the  busi- 
ness, industry,  and  commerce  of  the  country  change  from 
generation  to  generation,  so  that  it  is  necessary  to  be  always 
redividing  the  work.  For  instance,  a  long  time  ago  when 
the  factories  and  workshops  were  small  and  the  products 
turned  out  at  each  one  were  sold  principally  in  the  neighbor- 
hood or  within  the  state  in  which  they  were  manufactured,  it 
was  clearly  a  state  matter  to  decide  about  the  sanitary  con- 
ditions of  the  buildings  and  the  hours  and  work  of  persons  em- 
ployed in  them,  if  sanitation  was  a  governmental  matter  at  all. 


Services  Rendered  by  Federal  Government  177 

How  industries  are  national  in  character.  —  We  see  how  all 
of  that  has  altered.  There  are  no  industries  of  any  conse- 
quence to-day  which  sell  all  their  products  in  the  neighbor- 
hood. Chicago  and  Kansas  City  pack  and  ship  meats  for 
millions  of  people  all  over  the  country.  Most  of  the  cloth 
that  is  manufactured  in  the  United  States  is  made  in  New 
England  and  a  few  Southern  states.  The  iron  industry  is 
largely  confined  to  a  few  commonwealths  like  Pennsylvania, 
Alabama,  and  Michigan.  Each  of  the  great  railway  compa- 
nies operates  in  a  score  of  states.  Most  of  our  clothing  is 
made  in  centers  like  New  York  and  Chicago.  Can  we  truly 
say  any  longer :  "  It  is  no  concern  of  ours  how  other  states 
regulate  their  industries  or  attempt  to  prevent  adulteration 
and  other  evil  practices?  "  Even  if  we  are  so  selfish  that  we 
do  not  care  whether  our  clothes  are  made  and  our  food 
packed  by  people  who  are  paid  starvation  wages,  we  may 
be  interested  enough  to  look  out  for  ourselves,  and  protect 
ourselves  against  shoddy  and  poison. 

Why  the  states  find  it  difficult  to  regulate  industries.  —  Then 
we  must  look  at  the  matter  from  the  point  of  view  of  those 
who  are  trying  to  prevent  poverty  and  ill  health  by  pro- 
viding schemes  to  increase  wages,  shorten  hours  of  labor, 
compel  employers  to  pay  compensation  to  injured  workmen, 
and  provide  for  the  aged  poor.  If  a  state  says  to  an  employer, 
"  You  must  not  pay  less  than  a  certain  wage  to  your  women 
employees,"  he  may  very  justly  reply,  "  See  here ;  I  sell 
goods  all  over  the  United  States,  and  I  must  put  my  prices 
low  enough  to  meet  the  prices  fixed  by  manufacturers  in  other 
states  where  wages  are  much  lower  and  where  no  attempt  is 
made  to  settle  them  by  law.  If  you  compel  me  to  pay  this 
fixed  wage,  you  will  take  away  all  of  the  profit  in  my  business, 
and  I  must  cither  shut  up  my  mill  or  move  to  another  state 
where  wages  arc  lower." 

National  laws  versus  nniform  laivs.  —  How  are  we  to 
meet  such  problems?     The  person  who   believes  in   "  new 

N 


178  American  Citizenship 

nationalism  "  holds  that  every  concern  which  is  truly  na- 
tional in  character  —  which  affects  immediately  and  in  an 
important  w^ay  the  people  of  many  states  —  should  be  under 
the  control  of  the  national  government.  The  champion  of 
states'  rights,  on  his  part,  contends  that  the  best  way  is  to 
encourage  all  of  the  states  to  make  the  same  laws  on  the  same 
subject  —  uniform  legislation  —  even  if  the  result  is  reached 
more  slowly.  This  thing  cannot  be  settled  in  a  book ;  it 
must  be  fought  out  in  the  arena  of  practical  politics,  and 
every  thoughtful  person  who  takes  an  interest  in  government 
will  have  to  give  serious  attention  to  it.  He  will  always  face 
the  question :  "  Shall  the  powers  of  the  federal  government 
be  increased  by  adding  to  the  powers  already  enumerated 
in  the  federal  Constitution?  " 

Many  new  and  important  things  may  be  done  without 
changing  the  Constitution.  —  It  is  not  necessary,  however, 
to  amend  the  Constitution  in  order  to  do  many  helpful 
things  to  fight  the  foes  of  mankind,  —  disease,  poverty,  and 
crime.  By  a  "  liberal  construction  "  of  the  Constitution, 
that  is,  by  interpreting  in  a  very  free  and  easj'  way  the  powers 
already  conferred  upon  Congress,  it  is  possible  to  do  many 
things  the  Constitution  does  not  say  anything  about.  For 
example,  the  Constitution  does  not  mention  railways,  and  they 
were  not  dreamed  of  when  it  was  made,  but  it  does  say  that 
Congress  may  regulate  "  interstate  commerce,"  and  on  this 
warrant  Congress  has  provided  a  system  for  fixing  passenger 
and  freight  rates,  and  otherwise  controlling  railway's  engaged 
in  business  in  more  than  one  state  (p.  180).  Another  good 
example  —  the  use  of  the  power  to  tax  in  such  a  way  as 
to  improve  labor  conditions  —  is  furnished  by  the  story  of 
the  match  industry.  The  yellow  phosphorus  used  to  make 
the  old-fashioned  match  was  highly  poisonous,  and  those 
working  in  the  industry  often  sulTer(Hl  from  having  their 
teeth  fall  out  or  their  jawbones  decay,  and  manj^  died  of 
the  poison.     Matches  could  be  made  a  little  more  expensively 


Services  Rendered  by  Federal  Government  179 

from  other  materials,  and  in  1912  Congress  put  such  a  high 
tax  on  the  yellow  phosphorus  match  as  to  destroy  the  business 
altogether.  Surely  this  was  "  stretching  the  Constitution," 
to  use  the  taxing  power  not  to  raise  money,  but  to  prevent 
v\-orking  people  from  being  poisoned. 

The  federal  government  is  in  fact  very  close  to  the  people.  — 
Through  these  and  similar  measures  the  federal  government 
is  brought  a  great  deal  nearer  to  the  people  than  it  used  to  be. 
It  not  only  guards  us  by  a  fleet  and  an  army  which  most  of 
us  never  see,  but  it  now  stands  guard  over  much  of  the  food 
we  buy.  It  forbids  the  manufacture  of  certain  poisonous 
and  adulterated  foods  and  the  packing  of  diseased  meats  for 
interstate  trade,  and  it  has  an  army  of  civil  employees  study- 
ing foodstuffs  and  inspecting  factories,  packing  houses,  and 
shipments.  It  sends  its  postmen  into  the  backward  rural 
districts  as  well  as  along  the  streets  of  the  city  to  deliver  mail. 
When  we  send  a  piece  of  freight  to  another  state  or  travel 
there  on  a  railway,  we  pay  charges  which  may  be  fixed  by 
the  Interstate  Commerce  Commission  —  a  branch  of  the 
federal  government.  If  a  workman  is  injured  on  a  railway 
which  does  lousiness  in  more  than  one  state,  he  may  receive 
compensation  under  a  law  passed  by  the  federal  govern- 
ment. The  prices  of  sugar,  wool  clothing,  gloves,  and  a 
thousand  other  commodities  depend  in  part  upon  the  tax  laid 
upon  them  by  the  federal  government  when  they  come  into 
the  United  States  from  foreign  countries. 

What  the  Government  does  for  the  Consumer 

In  what  ways  the  consumer  is  helpless.  —  It  is  only  within 
recent  years  that  \xo  have  come  to  look  to  the  federal  govern- 
ment to  protect  us  against  exorbitant  railway  charges  and 
against  poisonous  and  adulterated  foods  and  drugs.  The 
old  theory  of  political  economy  was :  "  Let  the  purchaser 
beware.     An}'-  person  is  entitled  to  sell  what  he  has  to  sell 


i8o  American  Citizenship 

at  any  price  he  can  get,  and  if  a  purchaser  is  overcharged  or 
buys  adulterated  drugs  or  foodstuffs,  it  is  his  own  fault." 
This  theory  suited  railway  companies  and  manufacturers ; 
but  in  time  the  consumers  began  to  wonder  whether  it  was 
altogether  sound.  They  began  to  see  how  helpless  the  in- 
dividual shipper  or  passenger  was  in  the  face  of  powerful 
railway  companies,  and  how  impossible  it  was  for  the  con- 
sumer to  be  an  expert  chemist  and  health  officer  in  judging 
of  all  the  food  supplies  which  came  to  his  table. 

What  is  "interstate  commerce"?  —  Of  course,  Congress 
has  no  power  to  go  into  a  state  and  say  to  a  manufacturer 
or  a  butcher  who  sells  only  to  his  next-door  neighbor,  "  You 
must  not  do  this  or  that."  Congress  can  control  only  inter- 
state commerce ;  that  is,  only  traffic,  intercourse,  travel,  and 
trade  carried  on  from  a  point  in  one  state  to  a  point  in  another. 
Congress,  for  example,  cannot  fix  the  railway  rates  from  Chi- 
cago, Illinois,  to  Springfield,  Illinois ;  but  it  can  fix  the  rates 
from  Chicago,  Illinois,  to  Milwaukee,  Wisconsin.  Again,  if 
three  or  four  business  concerns  unite  to  monopolize  all  of 
the  trade  within  a  single  state,  Congress  cannot  order  them  to 
disband  ;  but  if  a  number  of  men  in  two  or  more  states  join 
in  an  attempt  to  control  business  and  apportion  the  trade 
in  these  states  among  themselves,  Congress  can  prevent  it. 
If  a  manufacturer  ships  products  into  other  states,  Congress 
can  forbid  him  to  adulterate  or  otherwise  misrepresent  his 
goods. 

Federal  regulation  of  railway  rates.  —  It  was  not  until 
railway  building  had  bo(^n  going  on  for  nearly  half  a  centurj^ 
that  Congress  began  to  interfere  with  rates  for  the  benefit 
of  shippers  and  consumers.  In  1887  Congress  passed  the 
first  interstate  commerce  act  regulating  railways  ;  and  this  laAv 
lias  been  added  to,  until  to-day  all  the  business  of  interstate 
railways  is  under  the  control  of  federal  laws  enforced  by  the 
Interstate  Commerce  Commission,  a  board  of  seven  members 
appointed  by  the  President  and  Senate.     This  law  requires 


Services  Rendered  by  Federal  Government  i8i 

railways  to  fix  "  reasonable  "  rates  for  freight  and  passengers 
and  forbids  them  to  charge  different  rates  for  the  same 
services,  thus  helping  favorite  business  concerns  to  undersell 
their  rivals.  The  Commission  has  the  power,  on  complaint 
of  some  interested  person  or  group,  to  inquire  whether 
any  particular  rate  is  reasonable,  and  on  finding  it  unfair, 
to  order  the  railway  company  to  make  a  fair  rate.  In  1913 
Congr(\ss  passed  a  law  arranging  for  the  physical  valuation 
of  railways  —  that  is,  for  finding  out  what  they  actually  cost 
to  construct  and  operate  —  wdth  a  view  to  fixing  fair  rates. 
The  government  cannot  very  well  fix  a  just  rate  unless  it  knows 
what  it  really  costs  the  railway  to  do  its  work.  Although 
we  have  spoken  of  the  regulation  of  railway  rates  as  being  in 
the  interest  of  the  consumer,  it  must  be  admitted  that  it  was 
the  manufacturers  and  shippers  seeking  lower  freight  rates 
who  were  principally  responsible  for  the  government's  under- 
taking this  work.  But  of  course  the  consumer  may  benefit 
by  lower  rates  on  the  goods  which  he  buys. 

Federal  pure  food  laws.  —  The  most  important  law 
designed  particularly  for  consumers  is  the  pure  food  and 
drug  act  (applicable  to  interstate  trade)  passed  in  1906. 
This  law  forbids  the  sale  of  drugs  that  are  not  what  they  are 
represented  to  be  or  that  differ  from  certain  standards  recog- 
nized in  science.  The  sale  of  adulterated  food  is  forbidden, 
and  any  food  is  held  to  be  adulterated  if  its  quality  has  been 
lowered  by  mixing  other  stuff  with  it,  if  any  valuable  part 
has  been  removed,  if  it  is  so  stained,  colored,  or  coated  as 
to  cover  up  damages,  if  it  contains  poisonous  and  injurious 
substances,  or  if  it  is  unfit  for  use.  The  chief  of  the  bureau 
of  chemistry  at  Washington  is  principally  responsible  for 
enforcing  the  law.  Officers  under  him  inspect  manufactures 
all  over  the  country,  and  carloads  of  adulterated  goods  have 
i:ieen  destroyed.  Many  patent  medicine  concerns  have 
been  driven  out  of  busiiiess  by  the  simple  rule  that  they  must 
tell  on  the  label  of  the  bottle  exactly  what  is  inside. 


1 82  American  Citizenship 

Federal  food  inspection  and  study.  —  The  government  in- 
spectors may  condemn  meats,  or  may  put  the  seal  of  ap- 
proval on  them  by  marking  them  "  U.  S.  inspected  and 
passed."  Canning  and  preserving  rooms  are  visited,  and  the 
contents  of  bottles,  cans,  jars,  and  boxes  examined  by  expert 
chemists  who  are  always  searching  for  some  injurious  and 
dangerous  chemical  used  to  color  or  preserve.  In  order  to 
educate  the  public  to  discriminate  in  its  purchases,  bulletins 
are  issued  by  the  government  showing  the  relative  food 
values  of  different  articles  as  determined  by  chemJcal  analysis 
and  experiments  on  animals  and  men.  When  Dr.  H.  W- 
Wiley  was  chief  of  the  bureau  of  chemistry,  he  had  a  "  poison 
squad  " ;  that  is,  a  group  of  men  who  tested  the  effects  of 
certain  foods  by  actuall}-  consuming  large  quantities  and 
studying  the  results  on  their  oami  systems. 

The  importance  of  ivatching  our  food  supplies  carefully. — 
How  important  this  investigation  really  is  becomes  apparent 
when  we  realize  that  cheap  bakery  products  "  are  in  large 
part  made  up  of  spoiled  eggs  shipped  in  carload  lots  and 
deodorized  by  formaldehyde.  Pie  fillings,  which  are  inde- 
scribably nauseous,  are  sold  in  wholesale  lots  to  restaurants 
and  bakeries.  Tarts,  jams,  and  ice  creams  are  made  of 
fictitious  foods."  To  show  how  it  is  possible  to  use  chemi- 
cals in  foods,  a  laboratory  recently  prepared  a  meal  "  without 
a  particle  of  real  food  in  it  —  a  feast  that  had  all  the  appear- 
ance of  wholesome  dishes,  but  was  entirely  substanceless." 

Should  the  consumer  be  protected  against  other  schemes  for 
cheating?  —  At  the  present  time,  the  government  does  not 
make  any  attempt  to  interfere  with  the  manufacture  of 
clothing  and  other  commodities  not  used  for  food  ;  but  several 
attempts  have  been  made  in  Congress  to  secure  a  law  requir- 
ing linen,  silk,  wool,  and  cotton  stuffs  to  l^e  accurately  labeled 
to  prevent  shoddy  and  cheap  mixtures.  It  was  argued 
that  the  purchaser  of  such  commodities  Vv-as  frequently 
unable  to  tell  the  difference  between  pure  wool  and  mixed 


Services  Rendered  by  Federal  Government  183 

cloth,  and  that  it  was  as  necessary  to  protect  the  consumer 
against  adulterated  cloth  and  paper-soled  shoes  as  against 
varnished  chocolates.  No  action  has  yet  been  taken,  but 
there  are  many  who  believe  that  positive  standards  in  manu- 
factures should  be  established  by  the  government  to  protect 
the  consumer  against  all  kinds  of  misrepresentation. 

What  the  Government  does  for  the  Manufacturer 

The  theory  of  a  protective  tariff.  —  One  of  the  very  first 
things  that  the  federal  government  did  after  it  was  estab- 
lished in  1789  was  to  aid  American  manufacturers  by  putting 
a  tariff  upon  European  goods  which  competed  with  their 
own  products.  Advocates  of  protection  in  those  days  de- 
clared that  the  United  States  was  a  new  country  with  very 
few  industries  and  not  much  money  to  invest  and  that  our 
business  men  needed  protection  against  the  old  and  well 
established  concerns  of  Europe  in  order  to  get  a  start.  That 
was  the  "  infant  industry  "  argument :  ''  Give  our  small 
and  young  industries  protection  against  the  big  manufactories 
of  Europe  until  they  are  estabhshed  and  thus  make  the 
United  States  industrially  as  well  as  politically  independent 
of  the  Old  World."  Many  who  advocated  a  protective  tariff 
in  those  days  looked  upon  it  as  a  temporary  thing,  to  be 
thro^^Tl  aside  as  soon  as  our  industries  had  developed,  and 
were  ready  to  meet  foreign  competitors  on  an  equal  basis. 

The  'present  defense  of  protection.  —  For  a  long  time,  the 
"  infant  industry  "  argument  was  kept  prominently  before 
the  public,  but  of  later  years  little  has  been  heard  of  it,  for 
the  reason  that  our  industries  in  most  fields  have  grovsm 
into  giants.  More  recently  the  policy  of  protection  has  been 
defended  on  the  ground  that  American  employers  would  be 
compelled  to  reduce  the  wages  of  their  workingmen  if  they 
bad  to  cut  their  prices  to  meet  those  of  European  mannfoc- 
turers  who  do  not  have  to  pay  as  much  to  get  tlieir  work 


184  American  Citizenship 

done.  From  this  point  of  view,  protection  is  not  looked  upon 
as  a  benefit  to  employers  particularly,  but  as  a  safeguard  for 
American  workingmen  against  "  the  pauper  labor  of  Europe." 
Certainly  this  is  the  argument  most  frequently  used  in 
appealing  to  the  working  classes  to  support  at  the  polls  the 
policy  of  protection. 

The  tariff  and  foreign  labor.  —  As  a  matter  of  fact,  how- 
ever, the  tariff  must  be  viewed  principally  as  an  aid  to  manu- 
facturers, and  only  incidentally  to  American  workingmen. 
The  latter  cannot  be  said  to  enjoy  much  protection  from  the 
"  cheap  laborers  of  Europe,"  while  such  laborers  can  have 
a  free  entrance  into  the  United  States  and  can  come  over  and 
go  back  home  for  a  few  dollars.  Indeed,  the  "  native  Ameri- 
can workingman  "  is  now  about  pushed  out  of  the  great 
protected  industries  by  foreigners  who  crowd  to  this  country 
by  the  hundreds  of  thousands  every  year. 

The  free  trade  theory.  —  There  has  been  all  along  much  op- 
position to  protection.  Free  traders  who  want  no  protec- 
tive tariff  at  all  oppose  it  on  principle.  They  say  that  goods 
will  be  produced  at  the  place  where  they  can  be  manufactured 
cheapest,  if  the  government  does  not  interfere  by  a  tariff. 
Countries  with  great  mines  of  coal  and  iron  will  naturally 
produce  steel  and  iron  products ;  tropical  countries  Avill 
produce  cotton  and  raw  materials  on  account  of  their  soil 
and  climate ;  the  great  western  prairies  will  grow  corn  and 
wheat  because  their  climate  and  soil  are  suited  to  that 
purpose ;  and  so  on  throughout  the  whole  range  of  agricul- 
ture and  manufacturing.  On  this  theor}',  every  country  or 
every  region  will  ''  naturally  "  settle  do^^Tl  to  the  industries 
and  occupations  for  which  it  has  the  climate,  soil,  resources, 
and  skill,  and  will  exchange  its  commodities  with  other  coun- 
tries or  regions  for  the  things  it  cannot  produce  readily  and 
cheaply.  "  You  could  grow  bananas  in  hothouses  in  Maine 
if  you  would  put  a  high  tariff  on  bananas  from  the  tropics," 
says  the  free  trader,  "  but  the  consumer  would  have  to  pay 


Services  Rendered  by  Federal  Government         185 

five  times  as  much  for  them  and  the  workingmen  employed 
in  the  hothouses  had  better  be  at  some  other  work  for 
which  the  climate  and  soil  of  Maine  are  well  suited."  ^ 

The  practical  tariff  question.  —  This  is  of  course  an  exag- 
geration, and  even  the  protectionist  disclaims  any  intention 
of  doing  such  an  absurd  thing.  To  such  a  contention  he 
replies :  ''  There  are  very  few  of  the  great  industries  — 
iron  and  steel,  boot  and  shoe,  cotton  and  woolen  —  which 
cannot  be  carried  on  reasonably  well  in  any  of  the  nations 
of  the  northern  hemisphere,  and  it  is  only  those  industries 
for  which  we  are  obviously  well  equipped  by  resources, 
climate,  and  labor,  that  we  desire  to  protect."  In  fact,  there 
are  very  few  extreme  free  traders  who  would  abolish  all 
protection  for  American  industries,  and  there  are  no  ad- 
vocates of  protection  who  would  carry  their  plans  to  the 
absurd  length  of  protecting  the  banana  industry  in  Maine. 
The  whole  matter  then  resolves  itself  into  a  very  practical 
question :  "  Since  we  must  raise  some  revenues  by  putting 
taxes  on  goods  coming  in  from  foreign  countries,  and  since 
we  ought  to  help  American  industries  where  they  really 
need  protection  against  cheap  labor  in  Europe,  on  what 
commodities  shall  we  impose  duties,  and  how  high  shall  the 
duties  be?  " 

The  tariff  is  always  a  compromise.  —  This  is  where  the  tug 
of  war  comes  in  politics.  Farmers  are  willing  to  have  the 
tariff  taken  off  of  agricultural  implements,  but  they  are 
very  vigorous  in  their  demand  for  protection  against  Cana- 
dian farm  products.  Mill  owners  are  willing  to  see 
the  tariff  removed  from  Canadian  food  products,  but  they 
prophesy  ruin  if  it  is  reduced  on  their  manufactures.  Lou- 
isiana is  anxious  to  have  a  high  duty  on  sugar  l^ecause  she 
produces  cane  sugar,  but  she  is  not  unwilling  to  cut  the  duty 
on  boots  and  shoes,  made  principally  in  New  England.     It  is 

'  Free  traders  also  oppose  customs  duties  because  they  are  taxes  on  con- 
sumers and  have  no  relation  to  ability  to  pay. 


1 86  American  Citizenship 

because  the  manufacturers  and  farmers  of  each  section  of 
the  country  demand  protection  for  their  particular  indus- 
tries that  it  is  impossible  to  base  a  tariff  upon  any  theory 
of  what  ought  to  be  done.  The  tariff  is  a  compromise  in 
which  each  section  gets  what  it  can  by  bargaining  with  the 
other  sections. 

The  tariff  commission.  —  An  attempt  was  made  recently, 
however,  to  put  the  tariff  on  a  more  reasonable  basis  by 
having  a  commission  investigate  the  cost  of  producing  com- 
modities in  Europe  and  the  United  States  with  a  view  to 
laying  just  enough  duty  on  each  commodity  to  place  our  man- 
ufacturers on  an  even  footing  with  European  competitors. 
The  advocates  of  this  method  of  fixing  tariff  duties  say,  for 
example  :  "  Take  a  three-dollar  pair  of  shoes.  If  the  actual 
cost  of  labor  and  raw  materials  in  them  is  10  per  cent  higher 
in  the  United  States  than  in  Europe,  then  the  American 
manufacturer  should  be  protected  to  just  that  extent  and 
no  more."  There  are  difficulties,  it  must  be  admitted,  in 
the  way  of  finding  out  the  exact  cost  of  manufacture  in  all 
countries,  and  it  seems  as  if  we  should  go  on  indefinitely  mak- 
ing our  tariffs  on  the  compromise  basis  of  each  section  of 
the  country  getting  what  it  can. 

Reciprocity.  —  The  tariff  may  be  used  to  develop  our  trade 
with  foreign  countries  as  well  as  to  protect  our  owm  indus- 
tries. That  aspect  of  the  matter  was  emphasized  by  one 
of  the  most  eminent  of  all  our  advocates  of  protection, 
President  McKinley,  shortly  before  his  death.  He  seemed 
inclined  to  hold  that  when  protection  had  put  our  industries 
into  such  a  shape  that  they  could  meet  foreign  competition, 
one  of  its  chief  uses  would  be  to  force  open  more  markets 
abroad.  The  champion  of  reciprocity  puts  his  doctrine  in 
the  form  of  an  address  to  a  foreign  country  :  "  You  now  have 
a  high  tariff  on  certain  of  our  American  goods,  and  we  have 
a  high  tariff  on  some  of  yours.  If  you  will  lower  your  rates 
in  our  favor  and  thus  increase  our  business  with  you,  we  will 


Services  Rendered  by  Federal  Government  187 

reduce  our  rates  on  your  goods  and  give  you  a  better  chance 
in  our  markets." 

Searching  for  foreign  trade.  —  There  are  other  ways  in 
which  the  federal  government  seeks  to  help  our  manufacturers 
secure  foreign  business.  It  maintains  in  all  the  important 
cities  of  the  world,  American  consuls,  whose  business,  among 
other  things,  is  to  study  the  local  markets  and  report  to  the 
government  at  Washington  any  chances  to  sell  American 
goods.  These  reports  are  published  and  circulated  among 
manufacturers.  If  there  is  a  demand  for  windmills  in  Siam 
or  for  light  automobiles  in  Manchuria,  the  American  consul 
will  find  it  out  and  report  the  matter  home  for  the  informa- 
tion of  those  interested.  The  government  also  demands 
equal  privileges  for  American  merchants  and  financiers  in 
China  and  other  Oriental  countries,  and  in  1900  joined  with 
Germany,  England,  and  other  European  countries  to  defend 
Americans  engaged  in  trading  and  missionary  enterprises  in 
China.  The  Department  of  Commerce  is  constantly  study- 
ing ways  of  increasing  foreign  trade. 

The  trust  question.  —  While  protecting  manufacturers 
against  foreign  competition,  the  federal  government  inter- 
feres at  home  to  protect  the  small  manufacturer  against  his 
neighbors  who  combine  to  imdersell  and  otherwise  defeat 
him  in  business.  Big  and  little  manufacturers  are  often 
more  at  odds  over  the  best  policy  for  the  government  to  adopt 
than  are  the  manufacturers  and  their  employees,  and  they 
are  frequently  found  working  against  each  other  at  Washing- 
ton when  legislation  affecting  business  is  under  discussion. 
This  leads  us  into  the  most  important  question  in  the  United 
States  to-day,  —  the  trust  question,  —  and  we  should  try  to 
go  to  the  heart  of  it. 

The  old  theory  of  competition.  —  Many  years  ago  when 
manufacturing  by  m.achinery  on  a  considerable  scale  first 
began  in  the  United  States,  our  theory  of  business  was  about 
as  follows:    "Any  enterprising  man  with  a  little  capital  can 


1 88  American  Citizenship 

go  into  manufacturing  on  a  small  scale  and  can,  by  manage- 
ment and  skill,  become  a  master  of  some  magnitude."  Take 
a  single  example  in  the  boot  and  shoe  industry.  A  shoe- 
maker started  with  a  small  shop ;  he  added  one  machine 
after  another,  until  in  time  he  became  a  great  mill  owner. 
Other  shoemakers  found  their  way  up  in  the  same  fashion. 
The  ambition  of  men  to  go  into  business  for  themselves 
and  the  desire  of  people  with  money  to  invest  it  profitably 
made  competition  in  the  boot  and  shoe  business  very  keen, 
so  that  the  prices  of  boots  and  shoes  were  kept  down  to  about 
the  lowest  point  at  which  the  product  could  be  made. 
Writers  on  political  economy  said :  "  This  is  a  '  natural ' 
state  of  industry.  It  gives  enterprising  men  a  chance,  and 
it  keeps  prices  dowTi  to  a  fair  level.  All  the  government  has 
to  do  is  to  keep  its  hands  off,  and  everything  will  be  well." 
Hoio  big  combinations  and  trusts  grew  up.  —  Unhappily 
for  the  theorists,  this  "  natural  "  state  of  industry  did  not 
go  on  in  the  old  way.  The  most  enterprising  of  the  busi- 
ness men  in  the  great  industries  —  iron  and  steel,  copper, 
sugar,  and  so  on  —  began  to  destroy  the  less  enterprising 
by  showing  more  skill  and  zeal  in  management.  The  big 
manufacturer  with  a  large  output  could  undersell  the  little 
manufacturer  and  drive  him  to  the  wall.  In  time  there  came 
to  be  a  few  great  masters  of  business  in  the  staple  industries 
just  mentioned,  and  they  warred  with  each  other  with  might 
and  main,  cutting  prices,  advertising  widely,  and  employ- 
ing all  kinds  of  schemes  to  get  advantages  over  one  another. 
Many  competitors  went  down  to  ruin  in  this  industrial  war 
among  big  captains  of  industry.  In  time,  some  of  the 
shrewdest  said :  "  What  folly  it  is  for  us  to  be  wasting  all 
this  strength  trying  to  beat  one  another  to  the  wall.  Let  us 
come  together,  put  all  of  our  competing  plants  into  the  hands 
of  trustees  (hence  the  term  '  trust  '),  stop  this  fierce  compe- 
tition, fix  the  prices  of  our  goods,  and  prevent  over-produc- 
tion one  year  and  a  panic  the  next."     Thus  the  trust  or  com- 


Services  Rendered  by  Federal  Government  189 

bination  was  born  of  competition  —  the  very  methods 
V,  hich  theorists  thought  would  remain  forever  as  the  "  natu- 
ral system  of  business." 

The  unfair  methods  of  trusts.  —  As  soon  as  a  trust  was 
formed,  it  began  to  wage  war  on  any  rivals  left  in  the  field. 
It  did  this  not  only  by  fair  underselling,  but  also  by  other 
methods.  It  entered  into  secret  agreements  with  railways 
whereby  the  latter,  while  apparently  charging  all  concerns 
the  same  freight  rates  for  the  same  shipments,  in  fact  returned 
a  part  or  all  of  the  money  paid  by  the  trust.  This  practice 
was  called  the  payment  of  "  rebates."  Often  the  trust 
would  sell  below  cost  in  some  parts  of  the  country  where  it 
had  competitors,  and  would  drive  them  out  by  ruinous  com- 
petition, while  in  other  parts  where  there  were  no  rivals 
it  would  put  the  prices  up  high  enough  to  make  up  the 
loss.  Prices  were  no  longer  settled  by  competition,  but  by 
the  managing  boards  of  trusts.  The  man  with  small  capital 
thus  had  little  or  no  chance  of  starting  for  himself  in  any  of 
the  great  staple  industries. 

The  federal  law  against  t7'usts  —  the  Sherman  act  of  1890. 
—  Then  it  happened  that  the  thousands  of  small  business 
men  who  were  being  crowded  to  the  wall  by  the  fair  and 
foul  means  of  the  trusts  began  to  demand  government 
interference  with  business.  At  length  in  1890  the  federal 
government  responded  to  the  cry  for  help.  All  of  the  great 
trusts  were  engaged  in  interstate  commerce  and  thus  came 
under  the  power  of  Congress.  In  that  year,  Congress 
forbade  all  trusts,  agreements,  and  combinations  in  restraint 
of  interstate  and  foreign  trade,  and  made  provision  for  pun- 
ishing persons  guilty  of  forming  them.  For  more  than  ten 
years,  this  law  was  not  enforced,  and  all  the  while  the  trusts 
were  multiplying  in  number  and  size.  Finally  the  govern- 
ment began  to  prosecute  some  of  the  trusts  and  break  them 
up.  It  was  hard  to  "  unscramble  eggs,"  ns  one  financier 
put  it,  but  some  of  the  big  trusts,  like  the  Standard  Oil  and 


190  American  Citizenship 

Tobacco  concerns,  were  "  dissolved  "  into  a  score  or  more 
separate  companies. 

Present  theories  about  what  to  do  with  the  trusts,  — 
Nobody  was  satisfied  with  the  outcome.  Small  business 
men  still  complained  that  the  government  had  not  broken 
the  trusts  into  enough  parts,  and  that  they  could  not  even 
compete  with  any  of  the  score  or  more  of  large  companies 
into  which  the  original  trusts  were  divided.  The  public 
complained  that  prices  were  higher,  if  anything,  after  the 
dissolution  than  before.  Four  leading  views  were  put  for- 
ward by  eminent  men  as  to  what  should  be  done  next.  These 
views  we  shall  try  to  state  here,  as  they  form  the  basis  of 
political  strife  to-day. 

The  advocates  of  a  radical  breaking  up  of  the  trusts.  — 
A  group  of  persons  who  advocate  further  war  on  the  trusts,  in 
the  form  of  breaking  them  up,  hold  that  the  trust  is  not  a 
natural  result  of  competition,  but  that  it  has  been  built  up 
by  unfair  practices,  such  as  reVjates  and  underselling,  and 
that  it  has  been  fostered  by  the  tariff  which  shuts  out 
European  competition.  Their  remedy  is  to  divide  each  trust 
into  a  number  of  very  small  concerns,  to  force  them  to 
compete  with  one  another  by  preventing  their  coming  to- 
gether in  any  form,  and  to  stop  all  kinds  of  unfair  practices 
—  rebates  and  the  like.  Into  just  how  many  parts  a  big 
trust  should  be  broken  in  order  to  give  the  small  man  a 
chance  and  just  what  practices  in  competition  are  to  bo 
deemed  unfair  and  to  be  forbidden  are  questions  on  which 
this  group  of  people  are  divided,  however. 

Regulation  of  the  trusts.  —  A  second  group  of  persons  hold 
that  the  trust  is  the  inevitable  outcome  of  competition,  that 
if  every  unfair  practice  were  forl)idden,  the  race  would  be 
to  the  keenest  and  the  strongest  business  men  and  the  re- 
sult would  be  the  formation  of  gigantic  combinations  just 
the  same.  They  hold  also  that,  even  were  each  big  trust 
broken  into  a  hundred  parts  or  a  thousand  parts,  it  would 


Services  Rendered  by  Federal  Government  191 

require  an  army  of  government  inspectors  to  keep  them 
competing  with  one  another,  and  that  in  spite  of  everything 
they  would  come  together  some  way  or  another  in  self-defense. 
It  would  be  just  as  if  all  wealth  were  divided  up  and  each 
man  given  an  equal  share  ;  the  keen  and  scheming  and  thrifty 
would  have  it  all  back  in  a  short  time.  This  second  group 
of  people,  therefore,  are  against  breaking  up  the  trusts  and 
propose  that  the  government  should  regulate  them  —  their 
organization  and  their  prices — by  a  board,  just  as  it  regu- 
lates the  services  and  charges  of  railways  (p.  180).  This 
group  say  that  competition  is  good  only  up  to  a  certain 
point  and  that  by  properly  using  the  advantages  offered 
by  the  trusts  —  particularly  large  scale  production  —  lower 
prices  could  be  made  to  the  public  than  could  possibly  be 
obtained  under  competition. 

The  socialist  theory  about  the  trusts.  —  A  third  group  of 
persons  agree  with  the  second  in  holding  that  the  trusts  are 
inevitable,  and  that  dissolution  is  not  only  impossible  but 
undesirable.  They  differ,  however,  in  thinking  that  the 
government  is  powerful  enough  to  control  the  gigantic  con- 
cerns with  their  enormous  wealth  and  political  power.  This 
group  accordingly  maintain  that  the  only  hope  is  for  the 
government  to  buy  out  these  great  trusts  and  run  them  as 
government  industries  —  just  as  it  conducts  the  post  office. 
The  managers  and  employees  of  the  trusts  would  continue 
at  work,  but  as  government  employees.  This  group  of  advo- 
cates are  known  as  socialists.  They  are  not  necessarily  at 
war  with  the  second  group  except  that  they  believe  gov- 
ernment regulation  to  be  at  best  only  a  step  to  government 
ownership.  The  immediate  issue  is  between  those  who 
believe  in  the  forcible  breaking  up  of  trusts  and  forcible 
competition  and  those  who  believe  in  government  regulation 
of  prices  and  methods,  for  socialists  are  a  minority  group. 

Theory  of  "  natural  monopoly."  —  There  is  still  a  fourth 
group  of  persons  who  would  combine  some  of  the  elements 


192  American  Citizenship 

of  each  of  the  three  theories  just  expounded.  The  members 
of  this  group  beheve  in  government  ownership  of  what  they 
call  "  natural  monopolies  "  —  railways,  telegraph  lines,  mines, 
and  express  companies  —  in  which  undertakings  competition 
is  well-nigh  impossible  or  the  supply  is  limited.  A  few  j^ears 
ago,  Mr.  Bryan  announced  himself  in  favor  of  public  o^vne^- 
ship  of  railways,  and  in  1913  Postmaster-General  Burleson 
indorsed  this  solution  of  the  transportation  question.  The 
government  is  now  about  to  make  an  experiment  in  public 
ownership  of  mines  and  railways  in  Alaska.  Some  of  those 
who  believe  in  the  government  ownership  of  the  natural  mo- 
nopolies think  that  competition  might  very  easily  be  main- 
tained in  the  other  fields  of  business. 

What  the  Government  does  for  the  Farmers 

The  public  land  grants  to  farmers.  —  It  is  partly  due  to 
the  policy  and  work  of  the  federal  government  that  w^e  are 
so  largely  a  nation  of  farmers.  From  the  establishment  of 
the  Constitution  to  the  present  time  the  national  govern- 
ment has  been  a  great  landowner.  When  peace  was  made 
with  Great  Britain  after  the  Revolutionary  War  the  new 
country  found  itself  in  possession  of  enormous  unoccupied 
tracts  beyond  the  Alleghanies,  stretching  to  the  Mississippi. 
In  1803  the  Louisiana  territory  was  purchased  from  France ; 
in  1819  Florida  was  secured  from  Spain ;  in  1848  a  vast 
region  westward  to  the  Pacific  was  acquired  by  the  war  with 
Mexico ;  in  1867  Alaska  was  bought  from  Russia ;  and  in 
1898  the  Hawaiian  Islands  were  acquired  and  Porto  Rico 
and  the  Philippines  were  added  as  a  result  of  the  Spanish 
War. 

The  policy  of  the  government  in  granting  lands  to  farmers. 
—  With  each  acquisition  of  territory  the  federal  fcovernment 
has  obtained  new  public  domains.  The  lands  already  held 
by  private  parties  within  the  territories,  under  the  laws  of 


Seroices  Rendered  by  Federal  Government  193 

the  countries  formerly  owning  them,  have  been  left,  of  course, 
undisturbed,  but  the  wild  and  unoccupied  lands  have  fallen 
into  the  hands  of  the  government.  In  the  beginning  it  was 
thought  that  such  lands  ought  to  be  sold  to  large  companies 
for  the  purpose  of  getting  money  to  apply  toward  the  ex- 
penses of  the  national  government,  and  for  a  long  time  this 
policy  was  actually  followed.  At  length,  however,  the 
government  began  to  adopt  the  policy  of  selling  in  small 
lots  with  a  view  to  encouraging  the  settlement  of  farmers 
on  the  soil ;  and  finally,  in  1862,  by  the  famous  Homestead 
Act,  it  provided  that  any  person  could  secure  160  acres  of 
government  land  by  settling  on  it  and  cultivating  it  for  a 
period  of  five  years. 

Irrigation  works.  —  By  this  policy  the  federal  government 
has  furnished  free  homes  to  millions  who  would  have  other- 
wise been  renters  or  city  dwellers,  and  it  has  now  given  away 
practically  all  of  the  land  that  is  good  for  farming  purposes. 
Finding  the  best  land  nearly  all  gone.  Congress  began  in 
1902  to  reclaim  enormous  tracts  of  desert  and  semi- arid  lands 
by  building  irrigation  systems.  By  a  law  passed  in  that 
year  the  proceeds  from  the  sales  of  certain  lands  were  to  be 
devoted  to  building  huge  dams  and  storing  water  for  distri- 
bution over  the  dry  regions,  and  since  that  time  some  wonder- 
ful engineering  feats  have  been  accomplished  by  the  govern- 
ment. Within  six  years  over  seven  hundred  thousand  acres 
had  been  redeemed  for  cultivation.  This  land  is  sold  in  small 
tracts  to  actual  settlers,  and  the  money  thus  obtained  is 
applied  to  new  irrigation  works. 

Agricultural  colleges.  —  In  addition  to  giving  away  the 
land  to  the  farmers,  the  federal  government  has  helped 
them  in  many  ways  to  improve  their  methods,  increase  their 
crops,  and  make  country  life  more  agreeable.  In  the  first 
place  it  has  made  enormous  grants  of  lands  to  the  states  to 
aid  them  in  founding  and  developing  agricultural  colleges 
where  prospective   farmers   may  be   taught   all   the    latest 


194  American  Citizenship 

achievements  of  science  in  the  field  of  agriculture.  Further- 
more, Congress  aids  these  colleges  by  direct  grants  of  money 
—  $50,000  a  year  each.  Congress  also  appropriates  money 
for  agricultural  stations  in  the  several  states,  at  which  all 
kinds  of  experiments  in  fertilizing  the  soil,  improving  the 
breeds  of  stock  and  plants,  and  fighting  insects  and  disease 
are  carried  on. 

The  Department  of  Agriculture.  —  Congress  established 
in  1862  a  Department  of  Agriculture  which  now  comprises 
a  number  of  important  bureaus  and  has  an  annual  appro- 
priation of  more  than  $16,000,000.  A  bureau  of  animal 
industry  investigates  the  breeding,  feeding,  and  diseases  of 
animals  ;  a  bureau  of  plant  industry  studies  the  best  methods 
of  improving  crops  by  selecting  seeds,  introducing  new  grains 
and  plants ;  a  bureau  of  chemistry  studies  the  problems  of 
fertilizing  the  soil ;  a  bureau  of  soils  has  made  a  survey  of 
more  than  one-fourth  of  the  farm  land  of  the  country  with 
a  view  to  discovering  the  nature  and  kinds  of  the  plants 
best  suited  to  the  several  sections,  and  has  prepared  maps 
showing  for  what  kinds  of  farming  the  various  parts  of  the 
country  are  well  adapted.  A  bureau  of  entomology  wages 
war  on  the  insects  and  diseases  which  attack  plants,  trees, 
and  grains,  and  furnishes  information  as  to  the  best  methods 
of  fighting  them.  Although  these  bureaus  are  principally 
for  the  study  of  agricultural  problems,  the  results  of  their 
valuable  investigations  are  speedily  made  available  to  the 
public  through  bulletins  and  disseminated  through  the  state 
agricultural  colleges  to  practical  farmers.  The  weather 
bureau  saves  a  great  deal  of  money  to  the  farmers  (as  well 
as  to  other  people)  by  warning  them  of  cold  waves,  frosts, 
and  storms. 


Services  Rendered  by  Federal  Government         195 

The  Federal  Government  and  the  Industrial 
Workers 

The  power  of  Congress  over  labor  matters.  —  The  federal 
government  has  no  power  under  the  Constitution  as  it  now 
stands  to  regulate  factories  and  foundries  and  mines  as  such  ; 
its  power  over  manufacturing  is  derived  from  its  power  to 
regulate  interstate  commerce  and  to  lay  taxes.  The  national 
government  has  so  far  taken  more  interest  in  the  consumer 
of  products  made  in  factories  than  in  the  condition  of  the 
working  people  in  them,  and  strict  constructionists  — 
those  who  would  reduce  the  powers  of  Congress  to  the  mini- 
mum —  hold  that  while  Congress  can  say  to  a  manufacturer, 
"  You  cannot  use  this  or  that  chemical  in  this  food  or  drug," 
it  has  no  power  to  say,  "  You  must  do  this  or  that  for  the 
working  people  employed  in  making  any  commodity  which 
you  sell  in  interstate  trade."  In  other  words,  from  this 
point  of  view,  the  federal  government  can  say  to  the  manu- 
facturer of  goods  sold  in  more  than  one  state,  "  You  shall  not 
kill  the  consumer  by  poisons,"  but  it  has  no  right  to  add 
"  or  the  producer  either,  by  insanitary  shops,  low  wages, 
long  hours,  and  dangerous  machines." 

Federal  laws  about  labor.  —  The  apparent  exception  to 
this  rule  is  the  case  of  railway  employees  engaged  in  inter- 
state commerce.  In  1908  Congress  enacted  a  law  providing 
that  common  carriers  engaged  in  interstate  commerce  shall 
be  held  liable  for  injuries  sustained  by  employees  in  their 
service ;  that  is,  a  workman  injured  on  such  railways  may 
secure  a  compensation  graded  according  to  the  gravity  of 
the  injury.  About  the  same  time  a  federal  law  was  passed 
limiting  the  hours  of  trainmen  and  telegraphers  employed 
in  interstate  business  —  not  merely  because  the  hours  were 
thought  to  be  too  long,  but  particularly  because  the  public 
suffered  from  wrecks  and  other  disasters  which  could  be 
traced  to  the  fact  that  employees  had  worked  so  long  that 
they  had  fallen  asleep  at  their  duties. 


196  American  Citizenship 

The  Department  of  Labor,  —  Most  of  the  work  done  by 
the  federal  government  for  labor  is  in  the  nature  of  securing 
information  on  labor  problems  and  their  solution.  There 
is  now  a  Department  of  Labor,  established  in  1913,  which 
is  authorized  to  study  labor  laws  of  the  several  states  and 
of  Europe,  investigate  all  kinds  of  proposals  to  improve  the 
lot  of  working  people,  and  to  publish  reports  for  the  use 
of  the  public.  There  has  been  recently  established  a  bureau 
of  mines  charged  with  investigating  the  causes  of  disasters 
in  mines  and  helping  to  educate  miners  in  taking  scientific 
care  to  prevent  explosions  and  other  accidents.  Although 
the  bureau  cannot  order  a  mining  company  to  make  any 
changes  necessary  to  safeguard  its  employees,  it  can  pub- 
lish its  reports  and  indirectly  call  the  attention  of  the 
state  labor  department  to  the  existing  conditions.  In  the 
Department  of  Labor  there  is  also  a  children's  bureau, 
established  for  the  purpose  of  investigating  all  kinds  of 
matters  having  to  do  with  the  care,  health,  education,  and 
labor  of  children. 

Competition  with  foreign  labor.  —  Under  its  power  to 
regulate  foreign  commerce,  Congress  does  a  little  to  protect 
working  people  against  cheap  foreign  labor.  It  forbids 
altogether  the  immigration  of  Chinese  common  laborers, 
and  it  forbids  any  American  manufacturer  to  arrange  by 
contract  to  bring  in  foreign  laborers  of  any  nationality. 
The  prohibition  of  Chinese  labor  is  effective  ;  but  the  Ameri- 
can laborer  is  thrown  into  competition  with  European  immi- 
grants brought  over  b}--  the  hundreds  of  thousands  by  steam- 
ship companies.  The  low  steerage  rates  make  Europe  nearor 
to  the  United  States  now  than  New  York  City  was  to  Chicago 
three  generations  ago.  In  fact,  American  industries  are 
now  manned  to  a  very  large  extent  not  merely  by  laborers 
of  foreign  origin  but  by  non-naturalized  foreigners. 

Immigration.  —  The  federal  government  has  entire  control 
over  the  admission  of  foreigners  into  the  United  States,  and 
it  now  excludes  by  law  the  following  classes : 


Services  Rendered  by  Federal  Government  197 

Criminals,  diseased,  and  insane  persons  and  those  likely 
to  be  a  public  charge. 

Chinese  and  other  Oriental  laborers. 

Laborers  imported  under  contract  to  work  for  specified 
employers. 

The  steady  increase  in  the  number  of  foreigners  coming 
into  the  United  States,  and  particularly  the  drift  of  the 
foreigners  to  the  great  cities  have  led  to  the  proposal  of 
new  tests  designed  to  reduce  materially  the  number  of  immi- 
grants admitted.^  The  most  prominent  new  test  suggested 
is  a  literacy  test,  requiring  immigrants  to  be  able  to  read  and 
write.  To  this  it  is  objected  that  it  would  keep  out  a  large 
number  of  able-bodied  and  useful  working  men  and  women, 
and  might  readily  admit  the  worst  and  most  useless  persons 
in  the  world.  Another  method  suggested  for  reducing  im- 
migration is  to  cut  down  automatically  the  number  coming 
from  any  one  country  to  a  certain  percentage  of  the  number 
coming  last  year ;  for  example,  if  100,000  came  from  a  given 
country  last  year,  admit  only  75,000  this  year.  The  number 
of  immigrants  coming  into  the  United  States  during  the  year 
ending  June  30,  1913,  was  1,197,892,  and  the  total  number 
between  1824  and  1913  is  estimated  at  over  30,000,000. 

Labor  employed  by  the  government.  —  The  government 
is  also  directly  or  indirectly  an  employer  of  labor  on  a  large 
scale,  and  it  has  established  certain  standards  as  to  hours 
and  wages.  Where  working  people  are  employed  directly 
by  the  government,  as  in  ship  yards  or  public  works,  the 
hours  and  wages  are  fixed  under  acts  of  Congress.  When 
the  government  engages  contractors  to  build  ships,  construct 
buildings,  and  do  other  public  work,  it  stipulates  as  to  the 
(conditions  under  which  the  labor  is  to  be  done.  The  govern- 
ment may  thus  become  a  ''  model  employer." 

'  Tho  administration  of  tho  immigration  law  is  in  the  hands  of  officors  at 
oach  port  and  under  the  supervision  of  the  commissioner  general  of  immi- 
gration in  the  Department  of  Labor  at  Washington. 


iq8  American  Citizenship 

Business  Undertakings  of  the  Government 

The  post  office.  —  From  the  beginning  of  our  government 
under  the  Constitution,  carrying  the  mails  has  been  a  pubHc 
undertaking.  In  1789  there  were  75  post  offices,  and  about 
$37,000  worth  of  business  was  done.  In  1909  there  were 
over  60,000  post  offices,  and  nearly  a  quarter  of  a  billion 
dollars'  worth  of  business  was  transacted.  In  the  beginning 
it  cost  twenty-five  cents  to  send  a  letter  more  than  450 
miles ;  now  a  letter  can  be  sent  from  Maine  to  the  Philip- 
pines for  two  cents,  and  recently  arrangements  have  been 
made  to  send  letters  to  England  and  Germany  for  two  cents. 

The  services  rendered  by  the  post  office.  —  In  the  beginning 
the  government  confined  its  operations  to  carrying  letters 
and  papers  from  one  post  office  to  another,  but  it  has  grad- 
ually extended  its  work,  until  to-day  it  maintains  the  fol- 
lowing services : 

It  registers  letters  so  as  to  guarantee  their  safe  delivery. 

It  transmits  money  by  means  of  post-offiee  orders. 

It  delivers  mail  in  towns  of  10,000  inhabitants,  and,  by  a  system 
of  rural  free  delivery,  it  carries  mail  over  thousands  of  miles  of 
country  roads  to  the  farmers. 

Since  January,  1911,  it  has  been  engaged  in  the  banking  business, 
accepting  deposits  at  thousands  of  designated  branches  and  paying 
a  low  rate  of  interest  on  the  money  so  deposited. 

In  .lanuary,  1913,  it  established  a  system  for  carrying  parcels. 

In  1913  the  Postmaster-General  urged  Congress  to  follow 
the  example  of  England  and  combine  the  telegraph  business 
with  the  transmission  of  mails. 

Natural  resources.  —  In  1910  the  federal  government 
possessed  in  the  United  States  and  Alaska  over  700,000,000 
acres  of  land,  most  of  which  is  rugged  and  mountainous  and 
unsuited  for  farming  purposes.  Nevertheless,  it  is  of  price- 
less value  on  account  of  the  timber,  and  the  coal,  iron,  and 
other  mineral  deposits,  and  the  waterfalls  which  may  be  used 


Services  Rendered  by  Federal  Government  199 

for  power.  What  is  to  be  done  with  this  immense  heri- 
tage is  one  of  the  most  momentous  pubhc  questions  to-day. 
Formerly,  it  was  the  practice  of  the  government  to  sell  its 
lands  as  rapidly  as  possible  at  a  low  price,  even  when  it  was 
known  that  rich  mineral  deposits  existed  on  them  or  that 
valuable  timber  could  be  immediately  cut  on  them.  But  on 
account  of  the  rapidly  diminishing  area  of  lands,  the  lavish 
giving  of  public  property  to  private  persons  without  any 
adequate  return  is  being  strongly  opposed,  and  this  has  made 
what  is  called  "  the  conservation  of  our  natural  resources  " 
an  issue  of  first  importance. 

Proposals  for  dealing  with  our  natural  resources.  —  At  this 
moment  the  government  is  in  a  state  of  indecision.  The  old 
policy  of  giving  away  public  property  for  the  benefit  of  huge 
timber  and  mineral  corporations  is  no  longer  possible ;  but 
no  consistent  line  of  action  has  been  marked  out  for  the 
future.  Broadly  speaking,  three  policies  are  now  under 
discussion : 

1.  The  lands  now  owned  by  the  federal  government  in  the  several 
states  may  be  granted  to  the  states  to  be  disposed  of  by  them  as 
they  see  fit.  Most  of  the  opposition  to  this  policy  comes  from  those 
who  believe  that  as  soon  as  the  states  secure  possession  of  the 
property,  timber  and  mining  companies  will  snatch  them  from 
corrupt  state  legislatures. 

2.  The  lands  may  bo  retained  permanently  by  the  federal  gov- 
ernment and  (a)  leased  out  to  private  operating  companies  at  a 
certain  rental  on  the  coal  or  other  minerals  mined  or  water  power 
developed  or  timber  cut ;  or  (6)  the  federal  government  might  go 
into  the  business  itself,  either  by  employing  persons  directly  or 
having  conti-actors  do  the  work. 

3.  The  lands  may  be  valued  at  something  like  their  real  price, 
based  on  survej^s,  and  sold  to  private  concerns  for  the  benefit  of 
the  public  treasury. 

The  big  problem  is  how  to  get  these  resources  into  eco- 
nomical use  and  avoid  giving  anything  to  private  persons 
without  suitable  return. 


200  American  Citizenship 

Surveying  the  national  domains.  —  At  the  present  time  enor- 
mous areas  of  coal,  timber,  and  water  power  lands  have 
been  withdrawn  from  sale,  and  are  being  carefully  studied 
and  classified  by  the  United  States  geological  survey.  Con- 
gress has  made  provision  for  separating  the  surface  of  the 
land  from  the  coal  under  it  in  making  sales,  so  that  when 
a  farmer  takes  up  a  certain  area  for  agricultural  purposes 
he  does  not  necessarily  acquire  title  to  rich  coal  mines  which 
may  be  discovered  underground.  Congress  has  also  made 
provision  for  leasing  waterfalls  now  in  the  possession  of 
the  federal  government  instead  of  selling  them  outright  or 
giving  them  away.  In  1912  more  than  10,000,000  head  of 
sheep,  horses,  and  cattle  were  grazing  on  public  lands  un- 
der government  permits,  and  from  the  national  forests, 
800,000,000  feet  of  timber  were  sold.  In  a  short  time  we 
shall  have  a  complete  survey  of  the  national  resources,  and 
they  will  be  classified  according  to  the  uses  to  which  they 
may  be  put.  Then  Congress  will  have  the  information  on 
which  to  base  a  regular  policy  of  action. 

River  and  harbor  improvements.  —  In  addition  to  carry- 
ing on  great  irrigation  works  and  managing  enormous  natural 
resources,  the  federal  government  is  constantly  engaged  in 
making  extensive  river  and  harbor  improvements.  It  has 
spent  vast  sums  building  levees  on  the  lower  Mississippi 
and  in  dredging  shallow  streams  to  make  them  available  for 
navigation.  It  is  steadily  at  work  deepening  the  entrances, 
building  breakwaters,  and  otherwise  improving  harbors  for 
ocean  trade  all  around  the  coast  from  Maine  to  California. 
This  work  is  usually  done  under  the  direction  of  the  Depart- 
ment of  War,  and  its  execution  is  under  the  control  of  the 
expert  engineers  of  the  United  States. 

The  waste  of  public  funds  in  such  schemes.  —  Unfortunately, 
however,  there  is  frequently  more  politics  than  business  in 
the  making  of  publico  improvements.  Each  locality  that 
has  the  slightest  claim  is  always  clamoring  for  the  govern- 


Services  Rendered  by  Federal  Government  201 

ment  to  spend  money  there,  making  one  kind  of  improve- 
ment or  another,  and  the  representatives  of  such  districts 
in  Congress  devote  a  great  deal  of  time  working  to  secure 
grants  from  the  public  treasury  for  their  respective  regions. 
Thus  it  occurs  that  these  improvements  are  not  always 
made  because  there  is  a  real  need  for  them  or  because 
business  or  trade  interests  require  them,  but  rather  because 
the  politicians  have  been  able  to  worm  the  money  out  of  the 
Treasury.  Little  creeks  are  dredged  at  a  cost  exceeding 
the  value  of  all  the  steamboats  and  goods  that  will  pass 
through  them ;  works  are  begun  and  abandoned  because 
some  other  congressman  has  been  able  to  get  the  money 
awaj'-  from  the  district;  and  so  public  funds  are  wasted. 

The  Panama  Canal.  —  The  most  gigantic  business  enter- 
prise ever  undertaken  by  the  federal  government  was  the 
construction  of  the  canal  across  the  isthmus  of  Panama. 
A  small  strip  of  land  ten  miles  wide  was  secured  from  the 
republic  of  Panama  in  1904  and  the  building  of  the  canal 
under  the  direction  of  the  War  Department  was  quickly 
begun.  The  government  has  employed  between  thirty  and 
sixty  thousand  men  on  the  work,  has  housed  them,  managed 
the  food  supplies,  guarded  them  against  disease,  and  carried 
on  the  undertaking  with  great  skill  and  dispatch.  The  total 
estimated  cost  is  about  $375,000,000,  and  the  government 
expects  to  derive  a  large  revenue  from  the  tolls  which  are 
to  be  charged  ships  passing  through  the  canal. 

Building  national  highways.  —  In  the  early  part  of  the 
nineteenth  century  the  federal  government  sought  to  help  in 
the  development  of  the  backward  regions  by  the  construc- 
tion of  highways,  and  the  famous  National  Road  is  one  of 
its  best-known  achievements  in  this  line.  It  was  in  1838 
that  Congress  made  its  last  appropriation  for  that  road. 
Those  who  believed  in  states'  rights  did  not  want  the  federal 
government  to  engage  in  tliis  business,  and  the  rapid  build- 
ing of  railway  lines  seemed  to  make  it  unnecessary  to  the 


202  American  Citizenship 

shipping  and  carrying  interests.  However,  at  the  opening 
of  the  twentieth  century  the  development  of  the  automobile 
and  the  extension  of  the  rural  free  delivery  system  led  mem- 
bers of  Congress  to  begin  new  plans  for  federal  road  building. 
On  August  24,  1912,  Congress  made  a  small  appropriation 
of  S500,000,  to  be  expended  by  the  Postmaster-General  and 
the  Secretary  of  Agriculture  in  building  "  experimental  and 
rural  delivery  routes."  In  order  for  a  state  to  get  any  of 
this  money  it  must  agree  to  spend  two  dollars  for  each  dol- 
lar furnished  by  the  federal  government.  In  the  Depart- 
ment of  Agriculture  extensive  experiments  in  road  building 
and  road-material  testing  are  being  carried  on  for  the  public 
benefit. 

Federal  Health  Work 

Health  not  altogether  a  local  concern.  —  Although  we  have 
long  looked  upon  the  care  of  health  as  a  local  matter  to  be 
put  in  charge  of  city,  county,  and  village  officers,  the  national 
government  does  many  noteworthy  things  to  protect  us 
against  disease,  and  scientists  are  turning  more  and  more 
toward  state  and  national  authorities  as  the  proper  agencies 
to  guard  public  health.  Disease  is  not  a  local  matter.  It 
spreads  over  county,  city,  state,  and  national  boundaries 
like  magic,  completely  ignoring  "  states'  rights  "  and  political 
parties.  For  this  reason,  very  vigorous  efforts  have  been 
made  recently  to  have  Congress  create  a  national  Depart- 
ment of  Health  with  a  chief  having  a  seat  in  the  Cabinet  of 
the  President. 

Inspection  of  immigrants.  —  This  law  has  not  yet  been 
passed,  and  at  the  present  time  the  health  work  of  the  federal 
government  is  divided  up  among  several  bureaus.  In  the 
Department  of  Agriculture  there  are  the  bureau  of  chemistry 
and  the  board  of  food  and  drug  inspection  which  have  charge 
of  enforcing  the  pure  food  and  drug  law  of  which  we  have 
spoken  (p.  181).     At  all  ports  incoming  ships  are  inspected 


Services  Rendered  by  Federal  Government  203 

by  federal  officers,  and  any  ship  found  to  have  on  board 
persons  suffering  from  dangerous  contagious  diseases  is  put 
into  quarantine  until  all  danger  is  over.  The  immigration 
laws  exclude  all  immigrants  affected  with  tuberculosis  or 
loathsome  and  dangerous  diseases,  and  at  the  ports  of 
entry  health  officers  examine  immigrants,  and  compel  the 
steamship  companies  to  take  back  home  those  found  to  be 
physically  unfit  to  enter  the  country. 

The  "  public  health  service."  —  For  a  number  of  years 
the  federal  government  has  maintained  a  "  Public  Health 
and  Marine  Hospital  Service  "  which  has  done  splendid 
work  in  helping  fight  disease  in  all  parts  of  the  United  States. 
When  the  Asiatic  cholera  invaded  the  Gulf  States  in  1905 
the  experts  in  that  service  responded  to  a  call  for  aid,  and  by 
cooperating  wdth  local  agencies  quickly  stamped  out  the 
disease.  Again,  in  1907,  when  the  bubonic  plague  attacked 
San  Francisco,  that  bureau  sent  out  skilled  scientists  who 
worked  with  the  local  health  officers  and  discovered  that  rats 
were  largely  responsible  for  the  spread  of  the  disease.  By 
stringent  measures  and  a  war  on  rats,  the  plague  was  stopped 
within  a  short  time,  greatly  to  the  relief  of  the  imperiled 
city. 

The  reorganization  of  federal  health  work  in  1912.  —  In 
1912  the  bureau  was  reorganized  and  given  the  name  of 
"  The  Public  Health  Service."  It  was  authorized  to  "  study 
and  investigate  the  diseases  of  man  and  the  conditions  influ- 
encing the  propagation  and  spread  thereof,  including  sani- 
tation and  sewage  and  the  pollution,  either  directly  or 
indirectly,  of  the  navigable  streams  and  lakes  of  the  United 
States,  and  it  may  from  time  to  time  issue  information  in 
the  form  of  publications  for  the  use  of  the  public."  The 
federal  government  thus  expressly  authorizes  a  widespread 
and  exhaustive  scientific  research  into  the  causes  of  disease, 
and  the  results  of  this  work  will  bo  laid  before  the  public 
and  used  by  the  state  and  local  officers  in  fighting  disease. 


204  American  Citizenship 

The  federal  government  now  wages  war  with  the  test  tube 
and  microscope,  as  well  as  with  the  sword  and  bayonet. 

National  Defense 

The  standing  army.  —  Congress  has  full  power  to  raise  and 
support  armies  and  navies,  and  it  may  call  to  the  service  of 
the  federal  government  every  able-bodied  male  citizen  in 
the  United  States.  Unlike  several  of  the  great  powers  of 
Europe,  we  do  not  require  every  man  to  serve  in  the  army  for 
a  period  of  two  or  three  years.  Our  regular  or  standing 
army  is  composed  entirely  of  volunteers  who  choose  that 
career  of  their  own  free  will.  Volunteers  must  serve  four 
years  with  the  flag  and  three  years  more  in  the  reserve, 
subject  to  call  at  any  time.  At  the  time  of  the  Spanish 
War  our  regular  army  consisted  of  only  25,000  men,  but  in 
1898  Congress  provided  that  it  should  consist  of  at  least 
57,000  men  and  not  more  than  100,000,  as  the  President 
may  decide.  At  the  present  time  it  numbers  about  82,000, 
including  all  the  officers. 

The  militia.  —  Each  state  has  a  small  military  force  known 
as  the  militia,  composed  of  men  who  volunteer.  Those  who 
join  the  militia,  however,  do  not  leave  their  regular  employ- 
ments, but  merely  drill  on  certain  afternoons  or  evenings, 
and,  perhaps,  go  into  encampments  for  field  work  during  a 
few  days  of  each  year.  These  militiamen  may  be  called  into 
the  national  service  at  any  time  by  the  President,  and  the 
federal  government  has  arranged  to  give  them  a  chance  to 
participate  in  the  field  practice  of  the  regular  army  so  that 
they  may  gain  more  experience  in  manoeuvres  and  tactics. 

The  reserve  militia.  —  The  great  body  of  men  who  are  not 
in  the  regular  army  or  members  of  the  state  militia  compose 
what  is  known  as  ''  the  reserve  militia,"  and  they  too  may  be 
called  into  military  service  by  the  President  at  any  time  there 
is  need  for  them.     As  a  matter  of  fact,  however,  the  chief 


Services  Rendered  by  Federal  Government  205 

reliance  for  national  defense  in  time  of  war  is  the  volun- 
teers who  place  themselves  at  the  service  of  the  government 
for  a  definite  period.  Fortunately  for  the  United  States  we 
have  no  powerful  neighbors  with  whom  we  are  on  such  uneasy 
terms  as  exists  in  the  case  of  France  and  Germany,  and  it  is 
not  necessary  to  maintain  an  enormous  standing  army  or 
to  require  compulsory  service.  Moreover,  Americans  have 
been  afraid  of  regular  armies  in  the  command  of  ambitious 
generals,  and  have  placed  their  main  reliance  upon  the  citi- 
zen soldiers  who  volunteer  in  time  of  crisis.  Of  course,  there 
is  some  danger  in  pitting  them  against  disciplined  veterans, 
but  the  danger  and  the  waste  of  time  involved  in  getting 
them  into  good  fighting  order  are  offset  by  the  freedom  from 
the  heavy  expenses  and  from  the  military  spirit  which  large 
standing  armies  require. 

The  navy.  —  Until  the  Spanish  War  the  navy  did  not  enlist 
as  much  public  interest  as  the  army,  and  there  was  little 
thought  of  entering  into  competition  with  the  great  powers  of 
Europe  for  dominion  on  the  seas.  During  the  War  of  1812, 
American  sailors  rendered  a  good  account  of  themselves  in 
several  sea  fights,  but  the  Mexican  and  Civil  wars  were 
principally  land  wars.  Inasmuch  as  nearly  all  of  our  territory 
was  compact  on  the  North  American  continent,  it  was 
thought  that  good  coast  defenses  and  a  few  battleships  would 
suffice  for  national  defense.  The  acquisition  of  the  Philip- 
pines and  Hawaii  and  Porto  Rico,  however,  changed  all  of 
that,  and  made  it  clear  that  in  case  of  a  war  with  a  European 
or  Asiatic  power  it  would  be  necessary  to  have  a  large  navy  to 
defend  the  distant  possessions.  Then  the  excellent  fighting 
of  the  navy  during  the  Spanish  War  aroused  an  immense 
popular  enthusiasm. 

Rapid  increase  in  naval  expenditures.  —  Since  that  time 
the  navy  has  been  growing  rapidly.  In  1911-1912  the  United 
States  stood  next  to  Great  Britain  in  the  amount  of  money 
spent  for  naval  purposes,  and  at  the  same  time  the  American 


2o6  American  Citizenship 

navy,  measured  in  tonnage,  was  third  among  the  world's 
navies  —  Great  Britain  and  Germany  being  ahead.  Ger- 
many and  England  are  going  forward  at  breakneck  speed, 
building  huge  battleships,  and  if  the  United  States  expects  to 
keep  up  with  them,  it  must  be  prepared  to  spend  its  treasure 
as  they  do,  at  the  sacrifice  of  important  home  undertakings. 

The  command  of  the  army  and  navy.  —  Congress  alone  can 
declare  war  against  any  foreign  country,  but  if  we  are 
attacked,  the  President  can  of  course  bring  our  forces  into 
the  field  without  waiting  for  Congress  to  act.  Indeed,  since 
the  President  carries  on  all  negotiations  with  other  powers, 
he  may  very  w^ell  act  in  such  a  manner  as  to  bring  on  war  ; 
this  is  what  President  Polk  did  in  the  controversy  with  Mexico 
in  1845.  The  President  is  commander-in-chief  in  time  of 
peace  as  well  as  in  time  of  war,  and  when  war  is  begun  he 
may  take  the  field  himself  if  he  chooses.  No  President  has 
done  this,  but  all  of  the  Presidents  who  have  been  compelled 
to  wage  war  have  shared  more  or  less  in  directing  the  cam- 
paigns. Of  course,  the  President  acts  with  the  advice  of  the 
generals  in  the  field  and  his  military  advisers  —  the  general 
staff  —  at  Washington.  During  the  Spanish  War,  for  exam- 
ple, President  McKinley  had  one  room  of  the  White  House 
fitted  up  as  a  "  war  room  "  with  telegraphic  communications 
to  the  front  and  to  all  parts  of  the  world.  In  that  room  the 
records  of  every  move  by  the  army  and  navy  were  made,  and 
directions  prepared  and  issued  to  those  in  command  on  the 
lighting  line. 

Pensions  for  soldiers.  —  In  addition  to  spending  enormous 
sums  in  preparing  for  war,  our  government  is  most  lavish  in 
pensioning  those  who  have  served  in  past  wars.  For  a  long 
time  it  was  the  policy  to  pension  only  those  soldiers  actually 
injured  in  service  or  those  soldiers'  families  which  were  left 
in  poverty  by  the  death  of  the  breadwinners.  In  1890 
Congress  began  granting  pensions  to  soldiers,  not  on  a  basis 
of  their  injuries  or  service  but  according  to  "  the  degree  of 


Services  Rendered  by  Federal  Government  207 

inability  to  earn  a  support."  The  amount  of  pension  granted 
has  been  increased  several  times,  and  in  1912  Congress  passed 
a  law  granting  larger  pensions  to  soldiers,  on  the  basis  of  their 
terms  of  service  and  their  age,  amounting  to  as  much  as  $30 
a  month  to  soldiers  over  75  who  served  at  least  three  years. 
In  that  year  there  were  about  860,000  soldiers,  widows, 
and  other  pensioners  on  the  roll,  and  $152,000,000  was 
appropriated  for  their  benefit  —  a  sum  which  is  materially 
increased  by  the  new  law  just  mentioned. 

The  Peace  Movement 

The  cost  of  wars.  —  If  we  put  the  cost  of  past  wars,  the 
pension  fund,  and  the  cost  of  preparing  for  war  together, 
we  find  that  far  more  than  one-half  of  all  the  revenues  of  the 
federal  government  go  for  military  purposes  —  72  per  cent  in 
1909,  leaving  only  28  per  cent  for  the  purposes  of  peace. 
This  fact  alone  should  make  us  all  thoughtful.  But  there  are 
other  reasons  for  thinking  seriously  about  the  question  of 
putting  an  end  to  war  altogether.  Not  only  does  it  seem 
folly  to  spend  so  much  for  warlike  purposes  when  there  is  so 
great  need  of  making  this  world  a  better  place  to  live  in,  but 
the  horrors  of  all  wars  and  the  injustice  of  most  of  them  should 
make  us  inquire  whether  a  peaceful  way  of  settling  disputes 
among  nations  cannot  be  found. 

War  against  war.  —  Many  of  the  leading  statesmen  of  the 
world  are  now  giving  this  matter  their  earnest  attention,  and 
millions  of  workingmen  in  the  various  countries  have  declared 
"  war  on  war,"  announcing  that  they  do  not  intend  to  shoot 
and  be  shot  in  order  that  governments  may  grab  more  lands 
or  that  capitalists  may  invest  their  money  abroad  more 
safely.  In  1897  the  Tsar  of  Russia  called  a  conference  of 
representatives  of  all  the  countries  of  the  world  at  the  Hague 
to  discuss  the  limitation  of  armaments.  That  conference 
led  to  the  establishment  of  a  Court  of  Arbitration  to  which, 


2o8  American  Citizenship 

on  occasion,  countries  engaged  in  a  quarrel  may  submit 
their  case,  thus  leaving  the  decision  to  the  judgment  of  fair- 
minded  men.  As  a  result  of  that  conference  also,  most  of  the 
nations,  by  treaties  among  themselves,  have  agreed  to  submit 
all  differences  which  do  not  "  affect  the  vital  interests,  the 
independence,  or  honor  of  either  of  the  parties  or  the  inter- 
ests of  third  nations,"  to  the  judgment  of  this  Court. 

Arbitration  treaties.  —  Of  course,  this  exemption  of  matters 
affecting  vital  interests  and  honor  from  arbitration  practi- 
cally nullifies  the  arbitration  treaties,  for  it  is  easy  for  any 
country  to  saj'  that  a  trivial  matter  affects  its  "'  honor." 
For  this  reason,  President  Taft  negotiated,  in  1911,  treaties 
with  France  and  England,  agreeing  to  submit  to  arbitration 
"  all  matters  justiciable  (capable  of  settlement  by  a  court) 
in  their  nature,"  thus  bringing  a  little  nearer  a  promise  to 
submit  all  matters  to  arbitration.  The  Senate,  however, 
refused  to  ratify  the  treaties  in  this  form.  Nevertheless,  the 
growth  of  peace  societies  in  numbers  and  influence,  the  recog- 
nition of  the  terrible  cost  of  warlike  preparations,  the  demand 
for  more  money  for  the  peaceful  and  beneficent  purposes  of 
government,  the  discontent  of  the  working  classes  everywhere 
with  military  service  and  with  the  thought  of  fighting  one 
another  to  death  for  no  advantages  to  themselves,  —  all  these 
things  point  to  a  day  when  public  opinion  will  demand  a 
peaceful  settlement  of  disputes  among  nations. 

Foreign  Affairs 

The  importance  of  the  President's  power  in  international 
affairs.  —  In  maintaining  friendly  relations  with  other 
countries,  a  great  deal  depends  upon  the  wisdom  and  modera- 
tion of  the  President,  for  ho  is  the  official  spokesman  of  the 
country  in  its  dealings  with  foreign  powers.  He  negotiatf\< 
treaties  with  the  agents  of  other  nations,  but  each  treaty 
must  have  the  approval  of  the  Senate,  a  two-thirds  vote  being 


Services  Rendered  by  Federal  Government  209 

required  in  this  case.  He  appoints  our  ambassadors  and 
ministers  to  foreign  countries,  by  and  with  the  advice  and 
consent  of  the  Senate.  Through  these  official  representatives 
the  President  communicates  to  other  governments  the  policy 
of  the  United  States  on  questions  of  international  significance, 
and  through  them  he  receives  information  as  to  the  policies 
and  desires  of  the  countries  to  which  they  are  sent.  He  also 
appoints  (with  the  consent  of  the  Senate)  the  consuls  who  are 
our  agents  abroad  in  commercial  and  business  affairs. 

How  the  President  negotiates  with  other  countries.  —  Pleas- 
ing and  harmonious  relations  with  other  peoples  depend  in 
some  measure  upon  the  character  of  the  men  whom  the 
President  selects  to  represent  us  as  ambassadors,  ministers, 
and  consuls.  The  President  cannot  declare  war ;  but  he 
can  do  many  things  which  invite  the  hostility  of  other  coun- 
tries. He  may  say  things  in  his  messages  to  Congress  which 
may  offend  some  other  government,  as  was  the  case  when 
President  Cleveland  in  1895  recommended  Congress  to  take  a 
certain  action  which  looked  like  an  interference  in  the  quarrel 
between  Great  Britain  and  Venezuela.  The  President  may 
also  invite  war  by  sending  our  troops  or  battleships  out 
under  such  circumstances  as  to  cause  some  other  nations 
to  view  his  action  as  positively  hostile  and  menacing.  It  is 
therefore  obvious  that  the  President  should  be  a  man 
capable  of  acting  with  great  caution  and  sobriety  of  judgment 
in  dealing  with  foreign  affairs. 

The  Monetary  System 

Gold  and  silver  coinage.  —  The  Constitution  gives  Con- 
gress the  power  to  coin  money  and  regulate  the  value  thereof, 
and  at  the  same  time  it  forbids  the  states  to  coin  money  or 
issue  bills  of  credit  or  to  make  anything  but  the  gold  and  silver 
coin  of  the  United  States  a  legal  tender  in  payment  of  debts. 
From  the  beginning  of  the  national  government  down  to  1900 


2IO  American  Citizenship 

there  was  much  discussion  over  the  amount  of  gold  and  silver 
to  be  put  into  the  gold  and  silver  dollars  respectively.  It  is 
well  known  that  an  ounce  of  gold  is  worth  several  times  as 
much  as  an  ounce  of  silver,  because  it  is  the  more  precious 
of  the  two  metals ;  that  is,  it  is  not  as  plentiful,  and  is  more 
highly  prized  in  making  ornaments  and  jewelry.  If  one 
ounce  of  gold  is  worth  sixteen  ounces  of  silver,  as  a  pure  metal 
or  bullion  on  the  market,  it  is  clear  that  the  silver  in  a  silver 
dollar  must  have  sixteen  times  the  weight  of  the  gold  which 
is  put  into  a  gold  dollar.  If  this  is  not  done,  the  two  dollars 
will  not  circulate  equally  as  money. 

The  "  ratio  "  between  gold  and  silver  in  coins.  —  If,  for  ex- 
ample, at  a  time  when  sixteen  ounces  of  silver  are  worth  one 
ounce  of  gold,  the  government  should  put  seventeen  times  as 
much  silver  as  gold  in  a  dollar,  gold  dollars  alone  would  cir- 
culate, for  people  would  hold  the  silver  dollars  and  melt  them 
down  for  the  pure  silver,  which  could  then  be  sold  as  bullion 
for  more  than  it  is  worth  in  the  coin.  This  difficulty  of 
equally  balancing  the  values  of  the  two  metals  in  the  coins  — 
maintaining  the  ratio  it  is  called  —  has  been  the  source  of 
much  of  difficulty. 

The  history  of  the  "  ratio  "  down  to  1873.  —  In  1792  we 
began  with  the  two  metals  at  a  ratio  of  15  to  1,  but  it  was  soon 
found  that  at  this  ratio  gold  had  been  under valuc^l,  and  con- 
sequently little  or  no  gold  was  brought  to  the  Treasury  to  be 
coined  into  money.  At  length,  in  1834,  Congress  by  law 
fixed  the  ratio  at  approximately  sixteen  to  one  ;  but  this  was 
found  to  be  an  overvaluation  of  gold,  or  an  undervaluation  of 
silver  as  some  said,  and  the  result  was  that  silver  was  not 
brought  to  the  treasury  for  coining  and  almost  disappeared 
from  circulation.  Finally,  in  1873,  when  the  silver  dollar  was 
already  practically  out  of  circulation.  Congress  discontinued 
the  coinage  of  silver  dollars  altogether,  —  "  demonetized  " 
it,  and  made  gold  the  basis  of  the  monetary  system. 

The  "free  silver  "  question.  —  It  happened  that  about  this 


Services  Rendered  by  Federal  Government         2H 

time  the  price  of  silver  began  to  decline  steadily,  until  within 
twenty  years  it  was  about  half  what  it  was  in  1870.  Some 
men  attributed  this  fall  in  the  price  of  silver  to  the  fact  that 
Germany  had  demonetized  it  in  1871,  and  that  rich  deposits 
were  about  the  same  time  discovered  in  the  United  States. 
Others  declared  that  silver  had  not  fallen  so  much  in  price, 
but  that  gold,  in  which  it  was  measured,  had  risen  because  of 
the  fact  that  silver  had  been  demonetized  and  gold  had  been 
given  a  monopoly  of  the  coinage.  There  was  some  truth  on 
both  sides,  and  good  and  wise  people  were  sharply  divided  over 
the  matter.  In  order  to  satisfy  the  demand  of  the  "  silver  " 
party,  Congress  provided  in  1878  for  buying  large  quantities 
of  silver  for  coinage.  The  policy  of  buying  silver  for  coinage 
lasted  until  1893,  when  it  was  abandoned.  Then  came  the 
famous  fight  over  "  free  silver,"  in  which  the  Democrats 
demanded  the  free  and  unlimited  coinage  of  silver  at  the  ratio 
of  sixteen  to  one,  although  the  market  ratio  was  more  nearly 
thirty  to  one.  The  Democrats  were  defeated,  and  in  1900 
Congress  positively  made  gold  the  basis  of  our  monetary 
system.     So  things  stand  to-day. 

Paper  money.  —  The  Constitution  does  not  expressly 
authorize  Congress  to  issue  any  paper  money,  but  neverthe- 
less we  have  several  varieties  in  circulation.  Each  paper 
dollar  is  now  backed  up  by  a  virtual  promise  to  redeem  in 
gold.  During  the  Civil  War  the  government  secured 
money  by  issuing  "treasury  notes,"  or  ''Greenbacks,"  as  they 
are  called  ;  some  of  these  notes  were  called  in  and  others  were 
made  redeemable  in  specie  in  1879,  and  the  latter  are,  there- 
fore, placed  on  a  metallic  money  basis.  In  addition  to  these 
treasury  notes,  there  are  "  silver  certificates  "  issued  in  the 
place  of  silver  deposited  in  the  government  vaults.  These 
certificates  are  more  convenient  than  the  metal,  and  they  can 
be  exchanged  at  any  time  for  silver  dollars,  and  the  silver 
dollars  can  be  exchanged  for  gold,  so  that  they  are  on  a  gold 
basis  also.  In  addition,  there  are  also  "  gold  certificates  " 
issued  on  somewhat  the  same  plan. 


212  American  Citizenship 

National  bank  notes.  —  Finally,  there  are  the  national  bank 
notes  issued  by  national  banks  in  cities  all  over  the  country. 
These  banks  hold  their  charters  from  the  federal  government, 
and  were  formerly  authorized  to  issue  paper  money  on  the 
basis  of  United  States  bonds  and  other  securities  deposited 
by  them  with  the  federal  Treasury.  In  1912  these  national 
bank  notes  represented  more  than  one-third  of  the  money  in 
circulation.  The  position  of  national  banks  has  now  been 
radically  changed  by  the  new  law  of  1913. 

The  problem  of  national  banking.  —  This  question  of  bank- 
ing has  long  been  under  earnest  consideration,  and  several 
grave  problems  have  been  raised.  How  is  it  possible  to 
adjust  the  amount  of  money  in  circulation  to  the  demand  for 
it  in  business?  Some  say  that  the  entire  work  of  issuing 
money  should  be  left  to  the  government,  while  others  would 
enlarge  the  power  of  private  banking  corporations  to  issue 
notes  under  government  supervision.  How  is  it  possible 
to  prevent  the  money  of  the  country  from  drifting  to  the 
large  cities,  particularly  New  York,  and  tending  to  come  under 
the  management  of  a  few  great  business  and  financial  con- 
cerns? Some  say  it  is  "  natural  "  for  money  to  flow  where 
there  is  the  best  demand  for  it,  and  others  reply  that  even 
if  this  does  come  about  naturally  it  enables  a  few  bankers  in 
the  great  cities  to  control  the  thousands  of  smaller  banks  and 
business  people  scattered  throughout  the  country. 

The  new  banking  law  of  December,  1913.  —  A  serious 
attempt  to  solve  these  questions  was  made  by  Congress  in  the 
new  banking  law  passed  in  December,  1913.  This  is  a  long 
and  complicated  measure  which  can  hardly  be  understood 
by  any  person  not  familiar  with  banking  operations,  but  we 
may  note  these  leading  features  : 

1.  Provision  is  made  for  federal  governmental  control.  A 
Federal  Reserve  Board  composed  of  the  Secretary  of  the 
Treasury  and  the  Comptroller  of  the  Currency  and  five 
persons  appointed  by  the  President  and  Senate  of  the  United 


Services  Rendered  hy  Federal  Government  213 

States  is  created  to  exercise  general  supervision  over  the  whole 
national  banking  system.  The  country  is  to  be  laid  out  into 
not  less  than  eight  nor  more  than  twelve  great  districts,  and 
in  each  is  designated  a  Federal  Reserve  Bank,  controlled  by 
six  directors  chosen  by  "Member  Banks"  and  three  ap- 
pointed by  the  Federal  Reserve  Board.  National  banks 
must,  and  certain  state  banks  in  each  district  may,  join  in  the 
scheme,  and  they  are  known  as  "  Member  Banks  "  sharing  in 
the  control,  as  above  noted. 

2.  The  Federal  Reserve  Board  may  issue  Reserve  Notes, 
well  secured, to  the  Reserve  Banks  to  be  put  into  general  cir- 
culation. The  money  issued  at  the  discretion  of  the  Federal 
Reserve  Board  and  on  the  basis  of  securities  held  by  the 
Reserve  and  Member  Banks  is  redeemable  in  gold  and  is  the 
lawful  money  of  the  United  States.  By  this  law,  it  is  appar- 
ent, an  attempt  has  been  made  to  solve  the  leading  problems 
stated  above:  to  secure  federal  governmental  control,  to  give 
local  banks  a  fair  share  in  the  management  of  the  system,  to 
distribute  "  the  money  power  "  over  a  wide  area,  and  to 
provide  for  the  issue  of  notes  to  meet  business  demands. 

Raising  Revenues  for  the  Government 

The  power  of  Congress  to  tax.  —  The  federal  government 
is  under  the  necessity  of  arranging  every  year  to  meet  its 
heavy  bills.  It  must  collect  the  money  to  pay  them,  and  is 
almost  entirely  dependent  upon  taxes  for  its  income.  Con- 
gress has  the  power  to  lay  all  kinds  of  taxes,  provided  that 
indirect  taxes  (such  as  taxes  on  goods  coming  into  the  coun- 
try and  on  whisky  and  tobacco)  shall  be  uniform  —  that  is, 
equal  on  the  same  commodity  everywhere  in  the  nation  ;  and 
provided  also  that  direct  taxes  (such  as  a  tax  on  land)  shall  be 
apportioned  among  the  states  according  to  the  number  of 
their  inhabitants.  Furthermore,  in  1913,  Congress  was 
given  the  power  by  the  sixteenth  amendment  to  lay  an  income 


214  American  Citizenship 

tax  (held  by  the  Supreme  Court  to  be  a  direct  tax  in  1895) 
without  apportioning  it  according  to  population. 

The  chief  sources  of  federal  revenues.  —  Congress  decides 
what  kinds  of  taxes  shall  be  used  to  raise  revenues,  and  the 
money  which  the  federal  government  has  to  pay  its  expenses 
now  comes  from  the  following  chief  sources : 

(1)  Customs  duties  on  imports. 

(2)  Excise  taxes  on  whisky  and  tobacco  (internal  revenue). 

(3)  Sales  of  public  lands. 

(4)  Post  office  receipts. 

(5)  Taxes  on  the  incomes  of  corporations. 

(6)  Taxes  on  the  incomes  of  private  persons.  Unmarried  persons 
with  incomes  under  .S3000  a  year  are  exempt.  For  a  married  couple 
the  exemption  is  $4000. 

The  total  receipts  from  all  sources  amount  to  nearly  one  billion 
dollars  annually,  and  more  than  one-half  of  that  amount  is 
derived  from  the  customs  duties  and  internal  revenues. 

Making  the  budget.  —  The  appropriation  of  the  money  so 
raised  by  federal  taxes  and  from  other  sources  is  also  entirely 
in  the  hands  of  Congress,  and  it  is  a  troublesome  task  which 
occupies  the  greater  portion  of  the  time  of  that  body.  Each 
Representative  and  Senator  as  a  rule  tries  to  get  as  much 
money  as  possible  for  his  district  or  state.  He  demands 
post  office  buildings,  river  and  harbor  improvements,  naval 
stations,  and  other  public  works  which  bring  money  to  his 
neighborhood.  The  actual  need  for  such  works  is  generally 
not  the  thing  which  decides  whether  money  is  to  be  appro- 
priated for  them  or  not.  The  congressmen  bargain  among 
themselves ;  one  member  promises  to  vote  for  another 
member's  post  office  in  return  for  a  vote  for  his  own  pet 
scheme.  This  practice  is  called  "  log-rolling,"  and  it  wastes 
millions  of  dollars  every  year.  Politicians  actually  bid  for 
votes  on  the  ground  that  they  have  got  money  out  of  the 
public  treasury  for  their  districts.  Thus  the  local  interest  is 
often  put  above  the  national  interest. 


Services  Rendered  by  Federal  Government  215 

Balancing  the  hooks.  —  Furthermore,  there  is  little  connec- 
tion between  the  taxes  laid  and  the  money  spent  by  the 
federal  government.  The  former  are  imposed  separately, 
and  not  merely  with  a  view  to  raising  revenue,  and  so  it 
happens  that  the  federal  treasury  usually  has  either  a  surplus 
of  money  or  a  big  deficit.  Not  often  is  there  a  nice  balance 
between  the  income  and  outgo,  and  if  it  occurs,  it  is  an  acci- 
dent rather  than  a  design.  In  view  of  this  condition  of 
affairs,  proposals  are  being  made  to  check  log-rolling  and  make 
the  federal  bookkeeping  more  businesslike.  But  as  long  as 
the  voters  look  upon  a  congressman  as  an  agent  whose  chief 
business  it  is  to  get  money  from  the  treasury  for  his  own  dis- 
trict and  find  jobs  for  his  friends,  no  reform  can  be  effective. 

The  Government  of  Territories 

The  power  of  the  federal  government  over  territories.  — 

In  addition  to  all  of  the  work  which  we  have  described,  the 
federal  government  has  the  special  task  of  governing  directly 
the  District  of  Columbia  and  other  regions  not  organized  into 
states :  Porto  Rico,  Alaska,  Hawaii,  the  Philippines,  the 
Canal  Zone,  Guam,  and  the  Samoan  Islands.  The  federal 
Congress  has  the  power  to  decide  how  these  regions  shall 
be  governed  and  also  the  power  to  admit  any  of  them,  except 
the  District  of  Columbia,  into  the  Union  as  states.  It  will 
be  remembered  that  we  started  out  v/ith  only  thirteen 
states,  and  that  the  other  thirty-five  have  been  admitted  to 
the  Union  by  Congress. 

The  District  of  Columbia.  —  The  District  of  Columbia  — 
the  City  of  Washington  —  presents  a  pecuhar  problem.  It 
has  a  population  of  330,000,  which  is  greater  than  that  of  each 
of  several  states,  but  at  the  present  time  the  people  of  that 
District  have  absolutely  no  voice  in  their  government.  They 
are  governed  by  three  commissioners,  appointed  by  the 
President  and  Senate,  and  by  laws  made  in  Congress.     In 


21 6  American  Citizenship 

fact,  Congress  is  a  sort  of  to^vn  council  for  the  City  and 
District.  The  city  has  been  in  part  very  beautifully  laid 
out  by  the  government,  but  its  slums  are  among  the  worst  in 
the  country,  and  its  death  rate  —  that  barometer  of  well- 
being  —  is  among  the  highest  of  all  the  cities  in  the  country. 
There  is  undoubtedly  a  great  deal  of  dissatisfaction  in  Wash- 
ington with  the  system  of  government  now  in  force,  and  a 
demand  is  made  for  some  representation  of  the  inhabitants 
in  the  government  that  controls  them. 

The  territories.  —  Porto  Rico  and  the  Philippines  are  each 
governed  by  a  governor  appointed  by  the  President  and 
Senate  and  by  a  legislature  consisting  of  two  houses,  one 
made  up  of  persons  appointed  in  the  same  manner  as  the 
governor  and  the  other  house  elected  by  the  voters.  Alaska 
was  for  a  long  time  ruled  by  a  governor  alone,  but  in  1912  it 
was  given  a  legislature  of  two  houses,  both  elected  by  popu- 
lar vote ;  and  the  suffrage  was  soon  conferred  on  women. 
The  Hawaiian  Islands  have  a  governor  appointed  by  the 
President  and  Senate  and  a  legislature  of  two  houses,  elected 
by  popular  vote.  The  other  territories  are  governed  directly, 
without  any  legislature,  through  men  appointed  at  Wash- 
ington. 

Questions 

1.  What  makes  an  industry  national  in  character  and  how  does 
this  affect  the  government  ? 

2.  What  is  the  states'  rights  position  ? 

3.  What  is  meant  by  a  "liberal  construction"  of  the  Constitu- 
tion, and  why  is  it  sometimes  employed  ? 

4.  What  brings  the  national  government  close  to  each  of  us  ? 

5.  What  does  the  national  government  do  for  the  farmer  ? 

6.  What  does  the  national  government  do  for  the  consumer  ? 

7.  What  does  the  national  government  do  for  the  industrial 
worker  ? 

8.  What  does  the  national  government  do  for  the  employer  or 
manufacturer  ? 


Services  Rendered  by  Federal  Government  217 

9.  Name  everything  you  can  which  comes  under  "interstate 
commerce." 

10.  Why  is  so  much  attention  paid  to  railway  legislation  ? 

11.  What  is  meant  by  a  protective  tariff,  and  what  is  its  theoreti- 
cal purpose  ?     How  do  results  compare  with  the  theory  ? 

12.  What  is  meant  by  free  trade?     What  is  its  theory  of  pro- 
duction ? 

13.  Why  is  the  tariff  always  a  compromise  ? 

14.  What  is  meant  by  reciprocity  ? 

15.  What  are  trusts,  and  why  have  they  been  formed  ? 

16.  What  are  the  theoretical  advantages  of  competition  ? 

17.  What  are  the  prevailing  theories  about  trust  legislation  ? 

18.  In  what  business  enterprises  does  the  national  government 


engage 


19.  What  is  meant  by  the  conservation  of  natural  resources  ? 

20.  Describe  our  system  of  national  defense. 

21.  What  are  the  causes  of  the  agitation  for  international  ar- 
bitration or  peace  ? 

22.  What  was  the  aim  of  the  recent  Currency  Act  ? 

23.  How  does  the  government  finance  its  undertakings  ? 

24.  Is  the  national   government   businesslike  in  its  methods  of 
raising  and  spending  money  ? 

25.  What  are  the  territories  of  the  United  States  and  how  are 
they  governed  ? 


Additional  Reading 

Individual  Freedom  and  Law  :  Kaye,  Readings  in  Civil  Govern- 
ment, pp.  392-497. 

The  Department  of  State  :  Haskin,  The  Americari  Government, 
pp.  14-26. 

The  Work  of  the  Treasury  Department  :    Haskin,  pp.  27-39. 

National  Defense  :   Haskin,  pp.  40-64. 

The  Post  Office  :  Haskin,  pp.  65-77. 

Department  of  the  Interior  :   Haskin,  pp.  78-90. 

How  the  United  States  Encourages  Inventions  :  Haskin, 
pp.  91-102. 

The  Geological  Survey:   Haskin,  pp.  103-116. 

Department  of  Agriculture:   Haskin,  pp.  117-129. 

The  Weather  Bureau  :    Haskin,  pp.  130-142. 

The  Census  Bureau  :   Haskin,  pp.  157-169. 


2i8  American  Citizenship 

The  Bureau  op  Standards  :  Haskin,  pp.  170-182. 

National  Health  Work  :   Haskin,  pp.  183-195. 

The  Smithsonian  Institute  :   Haskin,  pp.  196-208. 

The  Panama  Canal  :   Haskin,  pp.  209-220. 

The  Interstate  Commerce  Commission  :    Haskin,  pp.  221-234 ; 

Beard,  American  Government,  pp.  379-400. 
Our  Insular  Possessions  :   Haskin,  pp.  235-247. 
The  Government  Printing  Office  :   Haskin,  pp.  299-311. 
Conservation  of  National  Resources  :  Beard,  pp.  401-416. 


CHAPTER   XV 

THE   WORK   OF   THE   STATE   GOVERNMENT 

I.    How  the  state  touches  the  citizen. 
II.    Citizenship  and  voting. 

III.  Marriage  and  Divorce. 
1.  Granting  divorces. 

IV.  Crimes  and  their  penalties. 

1.  The   state  government   declares  what   acts  are  to  be 

deemed  criminal. 

2.  The  prevention  of  crime. 

3.  Two  ways  of  looking  upon  punishment. 

4.  The  right  notion  about  punishment. 

5.  New  methods  of  treating  criminals. 
V.    Education. 

1.  University  extension  work. 

2.  The  University  is  giving  attention  to  the  practical  arts. 

3.  Agriculture  and  engineering  colleges. 

4.  Training  teachers. 
VI.    Health. 

1.  The  prevention  of  disease. 
VII.    The  state  government  and  poverty. 

1.  The  modern  idea  of  preventing  poverty, 

2.  Some  specific  causes  of  poverty. 

3.  The  great  war  on  poverty. 
VIII.    Workmen's  compensation. 

IX.  Social  insurance. 

X.  Mothers'  pensions. 

XI.  Minimum  wage  laws. 

XII.  Employment  bureaus. 

XIII.  The  state  government  and  trade  unions. 

XIV.  Trade  unions  and  the  law. 
XV.  General  labor  legislation. 

1.  The  Wisconsin  industrial  commission. 

219 


220  American  Citizenship 

XVI.    The  public  control  of  business. 

1.  State  regulation  of  railways. 

2.  The  Wisconsin  method  of  controlling  railways. 

3.  The  theory  on  which  trusts  are  forbidden  by  some  states. 

4.  State  laws  about  corporations. 
XVII.    Good  roads. 

1.  How  the  state  government  may  help  in  building  roads. 

2.  Why  state  aid  is  essential  to  proper  road  building. 
XVIII.    The  state's  natural  resources. 

XIX.    How  the  state  raises  the  revenues  for  its  work. 

1.  The  general  property  tax. 

2.  The  difficulty  of  taxing  personal  property. 

3.  The  income  tax. 

4.  The  inheritance  tax. 

5.  The  tax  on  corporations. 


How  the  state  touches  the  citizen.  —  Although  people 
grow  less  excited  over  the  election  of  a  governor  and  a  state 
legislature  than  over  a  presidential  campaign,  it  is  not  be- 
cause the  state  government  has  less  influence  over  their  lives. 
Nearly  all  we  do,  from  the  cradle  to  the  grave,  brings  us  into 
touch  with  the  government  of  the  state.  Whether  we  live 
in  the  country  or  in  a  city,  whether  we  are  in  the  kitchen  cook- 
ing breakfast  or  are  high  on  a  building  riveting  steel  frame- 
work, the  government  of  the  state  by  its  good  deeds  or  its 
neglect,  affects  our  lives.  If  the  food  we  are  preparing  is 
short  of  weight  or  adulterated,  it  is  because  the  laws  of  the 
state  are  bad  or  are  not  enforced ;  if  we  are  seriously  injured 
while  at  work,  the  state  may  let  us  suffer  in  poverty  or  may 
protect  us  by  a  workman's  compensation  law.  If  w^e  are 
farmers,  we  may  find  that  the  freight  rates  on  the  milk  and 
grain  we  send  to  a  neighboring  town  are  fixed  by  a  state 
board  ;  if  we  are  manufacturers,  we  may  find  the  state  telling 
us  that  we  must  have  sanitary  workshops,  or  even  ordering 
us  not  to  pay  below  a  certain  wage  or  not  to  employ  children 
under  sixteen  years  of  age.  Thus  every  one  ought  to  have  a 
deep  interest  in  state  affairs. 


The  Work  of  the  State  Government  221 

The  plan  of  this  chapter.  —  To  make  clear  how  important 
the  government  of  the  state  really  is,  we  shall  name  many 
of  the  matters  which  are  committed  to  its  care ;  and  then, 
in  order  to  show  how  the  work  of  state  governments  may  be 
made  more  helpful  to  all  of  us,  we  shall  describe  some  of  the 
new  experiments  which  are  being  tried  out  in  some  of  the 
states. 

Citizenship  and  voting.  —  Although  the  United  States 
government  alone  can  make  a  citizen  out  of  a  foreigner,  it  is 
left  to  the  state  to  decide  on  what  terms  natives  and  foreigners 
shall  be  allowed  to  take  part  in  the  government  by  voting. 
That  is,  the  state,  subject  to  the  rules  laid  down  in  the  federal 
Constitution  (p.  69)  determines  who  shall  be  permitted 
to  vote.  A  few  states  have  given  the  suffrage  to  aliens  upon 
their  declaring  their  intention  to  become  citizens  of  the 
United  States.  A  state  may  decide  whether  or  not  foreigners 
shall  be  permitted  to  hold  land,  but  it  cannot  violate  a  treaty 
made  by  the  United  States  with  a  foreign  power  giving  to  its 
subjects  specific  rights  to  travel,  do  business,  and  buy  prop- 
erty anywhere  in  the  Union. 

Marriage  and  divorce.  —  The  state  government  may  make 
it  easy  or  difficult  for  couples  to  be  married  or  to  be  separated 
by  divorce.  Some  states  allow  almost  any  couple  to  form  a 
lawful  union  that  can  find  a  clergyman  to  marry  them  ;  other 
states  make  strict  rules  and  require  the  issuance  of  a  license 
in  due  form  before  marriage.  Some  states  pay  no  attention 
as  to  whether  the  couples  seeking  to  be  married  are  diseased, 
feeble-minded,  or  criminal,  while  others  prevent  persons 
physically  and  mentally  unfit  from  securing  licenses  to  be 
married.  Of  course  man}'  people  believe  that  any  couple 
that  wish  to  marry  should  l)e  allowed  to  do  so,  and  that 
the  government  (that  is,  the  rest  of  us)  has  no  interest 
in  the  affair.  Since,  however,  the  children  born  of  parents 
physically  or  mentally  diseased  are  extremely  likely  to  lie 
diseased    or    insane    themselves    and    a    charge    ui:>on    the 


2  22  American  Citizenship 

community  to  support,  is  marriage  not  a  public  matter? 
Why  should  the  state  government  bother  to  stamp  out  dis- 
ease at  a  great  cost,  and  to  maintain  public  asylums  for 
defectives  and  then  take  no  interest  in  one  of  the  chief 
causes  of  disease  and  delinquency;  namely,  the  marriage 
of  the  unfit  ? 

Granting  divorces.  —  Many  persons,  particularly  Catho- 
lics, regard  marriage  as  a  sacred  matter,  and  do  not  believe 
that  a  husband  and  wife  should  be  divorced  for  any  cause 
whatsoever.  None  of  our  states,  however,  except  South 
Carolina,  takes  this  view  of  marriage ;  but  each  one  decides 
for  itself  for  what  causes  couples  may  be  separated.  Some 
states  make  divorce  very  easy  —  allowing  separation  for 
such  causes  as  drunkenness,  bad  temper,  desertion  for  a 
certain  length  of  time,  failure  to  provide  a  decent  living,  and 
so  on ;  other  states  will  allow  persons  to  be  divorced  only 
where  one  or  the  other  has  committed  a  very  grave  offense. 
When  divorce  is  allowed,  the  state  may  decide  about  the 
disposition  of  the  children  and  the  property.  The  law  may 
lean  toward  the  father,  and  is  likely  to,  because  old  custom 
gave  the  father  possession  of  the  children ;  but  in  some 
states  the  father  and  mother  are  given  equal  rights  in  the 
children,  and  each  case  is  settled  according  to  circumstances. 
When  a  wife  is  allowed  a  divorce  from  her  husband,  the  latter 
may  be  compelled  to  make  provision  for  her  support  —  ali- 
mony it  is  called  —  and  some  courts  are  very  severe  in  the 
charges  which  they  lay  upon  divorced  husbands.  Divorces 
are  granted  by  the  courts,  after  a  hearing,  just  as  in  other 
trials. 

Crimes  and  their  penalties.  —  A  crime  is  an  unlawful  deed. 
Life  is  made  up  of  deeds  which  we  do.  Some  deeds,  we  all 
agree,  are  wrong  and  should  be  forbidden  under  pain  of  pun- 
ishment;  other  deeds,  we  all  agree,  are  good.  But  between 
those  acts  which  are  clearly  wrong  and  those  which  are  clearly 
good  there  is  a  borderland  of  deeds  whicli  some  people   be- 


The  Work  of  the  State  Government  223 

lieve  to  be  good  and  others  bad.  We  all  agree,  for  instance, 
that  willful  bodily  injury  to  another  person  is  wrong  and 
should  be  punished  as  a  crime ;  we  are  not  all  agreed,  how- 
ever, that  selling  liquor  after  eleven  o'clock  at  night  is  wrong 
and  should  be  called  a  crime.  What  is  regarded  as  a  crime 
in  one  generation  is  not  so  considered  by  another  generation. 
It  was  not  deemed  as  a  crime  once  upon  a  time  to  keep  cows 
in  a  filthy  stable  and  poison  little  children  by  selling  dirty 
milk ;  but  all  enlightened  states  now  make  that  a  crime. 

The  state  government  declares  what  acts  are  to  he  deemed 
criminal.  —  The  very  important  task  of  deciding  which  of  our 
acts  shall  be  treated  as  innocent  and  which  shall  be  regarded  as 
wrong  and  criminal  is  left  to  the  state.  It  is  true,  the  federal 
government  may  punish  persons  for  interfering  with  the 
mails  and  other  national  affairs,  but  it  is  the  state  that 
fixes  nearly  all  of  the  crimes  and  punishments.  Every  year 
sees  a  long  list  of  crimes  added  by  the  state  legislatures  to  the 
already  enormous  total.  The  citizen  by  his  vote  and  by 
his  views  of  right  and  wrong  therefore  helps  to  settle  these 
questions. 

The  prevention  of  crime.  —  The  prevention  of  crime  by 
fixing  penalties  and  punishing  offenders  is  a  state  affair,  but 
the  application  of  the  penalties  is  left  to  the  local  courts. 
How  is  crime  to  be  prevented?  Of  course  we  can  all  help 
to  prevent  it  by  our  conduct  and  by  the  expression  of  our 
views  in  places  where  we  have  influence ;  but  there  must 
be  an  organized  way  of  dealing  with  crime,  and  that  is  in- 
trusted to  the  government.  The  old  view  was  that  the  govern- 
ment should  prevent  crime  by  watching  out  to  see  that 
none  was  committed  and  by  punishing  criminals  severely 
enough  to  frighten  other  persons  likely  to  commit  similar 
offenses.  The  prevention  of  crime  by  watching  is  of  course 
committed  to  the  police  in  cities  and  to  sheriffs  and  con- 
stables in  the  country  ;  and  the  way  this  service  is  performed 
depends   very   largely   upon    the   way   in   which   the   local 


224  American  Citizenship 

community  —  city,  town,  village,  or  county  —  regards  the 
enforcement  of  the  law. 

Two  ways  of  looking  upon  punishment.  —  There  are  two 
ways  that  the  state  may  view  the  use  of  punishment  to  pre- 
vent crime,  for  we  no  longer  speak  of  punishment  as  mere 
revenge.  Nobody  should  want  to  take  revenge  on  a  criminal 
unless  it  will  benefit  the  latter  or  somebody  else.  The  state 
may  say  that  harsh  and  brutal  penalties  are  more  likely  to 
frighten  men  than  light  and  easy  punishment,  and  certainly 
fear  of  punishment  is  the  only  thing  that  will  deter  some 
people  from  wrongdoing.  Harsh  penalties,  however,  may 
be  so  severe  that  jurors  will  not  convict  the  guilty,  because 
they  think  the  penalty  is  too  cruel,  and  thus  criminals  are 
positively  encouraged.  The  second  view  of  punishment  is 
that  the  certainty  of  punishment  for  crime  is  the  important 
thing,  rather  than  heavy  penalties. 

The  right  notion  about  punishment.  —  Our  most  progressive 
states  are  now  looking  to  the  reformation  of  the  criminal  as 
well  as  to  his  punishment.  This  does  not  mean  that  they  are 
growing  merely  tender-hearted  and  sentimental,  but  that 
they  are  saying,  "  We  should  so  arrange  our  penalties  as 
to  help  the  prisoner  to  reform  and  become  a  decent  citizen 
if  there  is  any  good  in  him."  They  are  proceeding  along 
certain  lines,  of  which  the  following  are  the  most  significant: 

Classification  of  criminals.  — The  young  should  be  separated  from 
the  old.  This  is  done  by  having  special  reformatories  for  youths 
convicted  of  crimes. 

Indeterminate  sentence.  —  Under  this  device  the  judge  may  say 
to  the  guilty  man,  "I  will  not  send  you  to  prison  for  a  certain  num- 
ber of  years,  but  will  commit  you  for  a  period  of  from  one  to  ten 
years.  If  you  conduct  yourself  properly  in  prison,  you  may  go 
free  at  the  end  of  one  year,  and  then  if  you  conduct  yourself  properly 
when  you  are  let  out,  you  may  stay  out.  If,  on  the  other  hand,  you 
break  your  word  while  you  are  out,  you  must  go  back  to  prison." 

Employment  for  prisoners.  —  It  .\tis  an  old-fashioned  practice 
for  states  to  hire  their  prisoners  out  on  contract  to  manufacturers 


The  Work  of  the  State  Government  225 

and  builders  at  low  wages.  Thus  prisoners  were  sometimes  put 
into  competition  with  workingmen  who  had  committed  no  offenses, 
and  actually  took  bread  out  of  their  mouths.  Workingmen  natu- 
rally protested  against  this,  and  it  is  clearly  wrong.  Nevertheless, 
prisoners  should  not  be  idle.  Neither  should  they  be  forced  to 
work  for  nothing  and  then  be  turned  out  into  the  world  at  the  end 
of  their  terms  without  any  money.  Several  states  are  now  trying 
to  find  useful  employment  for  prisoners,  and  some  states  allow 
them  wages,  which  are  turned  over  to  support  their  families.  The 
new  idea  is  that  the  prisoner  shall  be  prepared  in  prison  for  an 
occupation  which,  on  his  release,  will  enable  him  to  be  a  self-sup- 
porting and  self-respecting  member  of  society. 

Education.  —  Although  cities  and  towns  have  their  own 
school  boards,  and  counties  their  supervisors,  the  kind  of 
education  which  is  given  in  the  city  or  country  depends  princi- 
pally upon  state  laws.  The  state  may  provide  wretched 
elementary  instruction  a  few  weeks  in  the  year,  or  it  may 
establish  a  large  and  costly  system  beginning  at  the  bottom 
and  running  up  to  the  state  normal  school  and  university. 
The  state  may  prescribe  the  amount  of  money  which  each 
community  may  spend,  or  it  may  raise  the  total  amount 
itself  b}^  taxation  and  distribute  it  among  the  counties  accord- 
ing to  population.  The  state  may  prescribe  that  the  same 
books  shall  be  used  in  all  of  the  public  schools  within  its 
borders,  or  it  may  allow  the  local  boards  to  decide  within  limits 
what  studies  shall  be  pursued  and  what  books  shall  be  used. 

University  extension  work.  —  The  state  universities  in 
many  Western  commonwealths  are  extending  their  work 
until  they  reach  out  into  every  community  and  become  a 
part  of  the  local  educational  system.  They  do  this  by  estab- 
lishing correspondence  courses  which  students  anywhere  in 
the  state  may  pursue,  by  sending  out  teachers  to  give  lectures 
and  instruction  in  local  centers,  and  by  forming  traveling 
libraries  which  may  be  sent  about  from  village  to  village 
according  to  demand.  These  universities  are  at  the  same 
time  endeavoring  to  reach  the  citizens  who  are  unable  to 
Q 


226  American  Citizenship 

come  for  regular  terms,  by  establishing  "  short  courses  "  in 
the  winter  which  may  be  taken  by  those  who  can  spare  only  a 
few  weeks,  and  by  conducting  summer  schools,  particularly 
for  teachers  engaged  in  the  winter. 

The  university  is  giving  attention  to  the  practical  arts.  —  The 
modern  ideal  of  the  university  is  not  only  to  cherish  and 
spread  among  the  people  the  wisest  and  best  that  has  been 
thought  out  in  science,  literature,  politics,  and  morals,  but 
also  to  develop  those  practical  arts  and  sciences  which  will 
help  the  people  to  do  their  daily  tasks  more  easily  and  more 
intelligently.  For  example,  the  University  of  Wisconsin  will 
send  a  lecturer  to  a  community  to  talk  about  American  poets 
or  what  a  village  may  do  to  improve  its  appearance,  or  it  v;ill 
point  out  to  a  farmer  what  careful  experiments  have  prosed 
to  be  the  best  way  to  blast  and  pull  stumps. 

Agricultural  and  engineering  colleges.  —  Agricultural  and 
engineering  colleges  are  established  either  in  connection  with 
state  universities  or  separately,  and  they  are  not  content  with 
giving  regular  classes  at  the  places  where  they  are  located. 
They  also  give  special  short  courses  to  help  those  who  can 
spare  only  a  few  weeks.  They  organize  the  farmers  of  the 
counties  into  "  institutes,"  at  which  experts  discuss  the  best 
ways  of  doing  farm  work  and  improving  the  amount  and 
quality  of  the  produce.  Some  of  them  even  run  corn,  wheat, 
or  dairy  trains  throughout  the  state,  giving  exhibits  of  what 
intelligent  selection  of  grain  and  stock  can  do  to  increase  the 
wealth  of  the  country.  They  give  extension  instruction  at 
factories  and  workshops,  in  modern  science  and  in  expert  waj's 
of  drafting,  using  fuel,  applying  electricity,  and  so  on.  They 
cooperate  with  local  schools  in  giving  courses  of  study  which 
will  help  men  and  women  to  do  the  work  which  falls  to  them 
with  the  most  ease  and  skill  —  to  prepare  them  for  a  life  of 
power  instead  of  messj'  ignorance. 

Training  teachers.  —  While  providing  education  for  farmers, 
professional  men  and  women,  and  artisans,  the  states  also 


The  Work  of  the  State  Government  227 

attempt  to  improve  education  generally  by  maintaining 
normal  schools  for  the  training  of  teachers.  Some  states 
have  established  one  separate  and  central  school  for  teachers ; 
other  states  prefer  to  bring  this  professional  training  nearer 
to  the  teachers  by  founding  schools  in  two  or  more  places  ; 
and  still  other  states,  with  great  wisdom,  solve  the  problem 
by  creating  a  teachers'  college  in  connection  with  the  uni- 
versity. 

Health.  —  The  health  work  of  the  state  government  is 
two  fold,  —  curing  and  preventing.  The  state  maintains 
asylums  for  the  insane,  the  deaf,  dumb,  blind,  and  other 
defectives,  and  within  recent  years  several  states  have  estab- 
lished sanatoriums  for  tubercular  patients.  Wisconsin,  for 
example,  not  only  has  such  a  sanatorium,  but  endeavors  to 
secure  a  chain  of  them  throughout  the  commonwealth  by 
granting  state  aid  to  the  counties  for  this  purpose. 

The  'prevention  of  disease.  —  The  great  increase  in  the  num- 
ber of  insane  and  diseased  has  driven  our  states  into  giving 
more  care  to  the  prevention  of  ills.  This  is  now  attempted 
(a)  by  enacting  laws  which  forbid  the  sale  of  unwholesome 
foodstufTs,  and  (6)  by  providing  for  officers  to  inspect 
places  where  people  live  and  work  with  a  view  to  destroying 
insanitary  arrangements.  In  progressive  states,  the  sale  of 
adulterated  foods  and  drugs  is  forbidden,  the  defiling  of 
streams  from  which  water  supplies  are  taken  is  prohibited,  the 
providing  of  a  certain  amount  of  air  and  light  in  factories  and 
tenements  is  required,  and  exhausting  work  by  women  and 
children  in  factories  is  more  and  more  proscribed.  The 
determination  of  what  foods  and  drugs  are  adulterated  with 
harmful  materials  is  a  difficult  task  which  falls  in  part  upon 
the  state  and  local  health  officers,  and,  as  we  have  seen  above, 
in  part  upon  federal  officers  (pp.  181,  203).  If  the  officers 
are  too  strict,  they  may  interfere  with  lawful  manufacturing, 
and  if  they  are  too  liberal  in  their  decisions,  they  may  help 
to   poison    their   fellovz-citizens.     Health    work,    therefore, 


228  American  Citizenship 

requires  a  very  high  degree  of  scientific  skill  and  a  more  than 
ordinary  amount  of  good  judgment  and  honesty. 

The  state  government  and  poverty.  —  Nowhere  in  the 
world,  perhaps,  is  the  spirit  of  charity  more  strongly  manifest 
than  in  the  humane  institutions  maintained  by  the  govern- 
ments of  our  states.  The  county  poor  farms  and  asylums 
are  supplemented  by  state  institutions  for  dependent  soldiers, 
orphans,  the  deaf,  dumb,  blind,  insane,  and  other  persons 
unable  to  take  care  of  themselves.  Beautiful  buildings  are 
erected,  millions  of  dollars  voted,  and  skilled  men  and  women 
employed  in  order  to  relieve  suffering  and  to  help  the  needy. 
It  is  true,  there  are  sometimes  scandals  connected  with  our 
asylums,  and  superintendents  are  frequently  found  to  be 
guilty  of  neglect  and  brutality;  but  the  amount  of  high- 
minded  and  generous  service  to  the  poor  and  unfortunate 
which  is  given  in  many  of  our  states  is  a  tribute  to  our 
kindly  intentions  if  not  to  our  wisdom. 

The  modern  idea  of  "  preventing  "  poverty.  —  However,  as 
in  health  work,  so  in  charity,  the  prevention  of  poverty  is 
better  than  providing  generously  for  the  wrecks  of  poverty. 
We  are  just  beginning  to  understand  the  fact  that  poverty 
is  a  sort  of  disease  which  we  can  materially  reduce,  if  not 
eradicate  altogether.  A  great  deal  of  poverty  is  due  to  the 
fact  that  many  persons  and  corporations  are  getting,  by  one 
method  or  another,  more  than  their  share  of  the  wealth 
which  is  produced  every  year ;  for  example,  by  charging  unfair 
railway  rates,  grabbing  w\aterfalls  to  sell  the  power,  seizing 
public  lands  at  a  low  price,  or  by  pajdng  low  wages  simply 
because  the  poor  must  sell  their  labor  or  starve.  How  to 
prevent  any  one  from  getting  possession  of  property  without 
making  any  return  at  all  to  society  is  the  biggest  problem 
before  modern  statesmen,  and  it  is  one  to  which  we  shall  have 
to  give  more  attention  as  we  seek  to  prevent  pauperism  and 
disease. 

Some  specific  causes  of  poverty.  —  There  are  many  different 


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The  Work  of  the  State  Government  229 

causes  for  specific  cases  of  poverty.  We  may  enumerate  a 
few.  Thousands  of  people  in  the  United  States  are  un- 
employed more  or  less  of  the  time  through  no  fault  of  their 
own :  on  account  of  seasonal  trades,  failures  and  bankruptcies, 
and  financial  crises.  Again,  a  good  workman  may  fall  sick, 
and  in  a  few  weeks  his  savings  are  gone  and  he  finds  himself 
in  poverty;  or  he  may  be  injured  at  his  trade  or  even 
killed  at  it.  Many  families  are  poor  because  the  fathers 
have  deserted  them,  either  through  despair  of  keeping  the 
wolf  from  the  door  or  on  account  of  shiftlessness.  Other 
families  are  poor  because  the  father  has  been  injured  or 
killed  at  work.  But  of  course  the  chief  cause  of  poverty 
is  due  to  the  fact  that  millions  receive  wages  which  are  barely 
enough  to  keep  families  going  in  good  times,  and  not  enough 
to  meet  extraordinary  cares  and  hardships  such  as  fall  upon 
most  of  us  at  some  time. 

The  great  war  on  'poverty.  —  All  over  the  world  war  is  being 
declared  on  undeserved  poverty,  and  recently  the  Chancellor 
of  the  Exchequer  in  England  expressed  the  hope  "  that  great 
advance  will  be  made  in  this  generation  toward  the  time 
when  poverty,  with  its  wretchedness  and  squalor,  will  be  as 
remote  from  the  people  of  this  country  as  the  wolves  which 
once  infested  the  forests."  What  may  be  done  in  the  future 
belongs  to  prophecy,  but  we  shall  mention  here  some  of  the 
newer  laws  that  are  being  enacted  by  our  state  legislatures, 
with  a  view  to  reducing  the  amount  of  poverty.  As  you  grow 
older,  it  will  be  your  duty  to  study  carefully  the  campaigns  in 
this  new  war  on  an  old  enemy  of  the  human  race  —  poverty. 

Workmen's  compensation.  —  Our  enlightened  states  are 
fighting  the  poverty  which  comes  through  the  injury  or 
death  of  workmen  at  their  trades,  by  workmen's  compensa- 
tion laws,  which  provide  that  an  employer  must  pay  a  certain 
amount  to  any  employee  injured  at  work  —  an  amount 
graded  according  to  the  injury,  and  in  case  of  his  death  to  be 
paid  to  the  family.    To  make  it  eagier  for  employers  to  meet 


230  American  Citizenship 

heavy  charges,  arrangements  are  sometimes  made  whereby 
they  may  insure  their  employees  against  accidents  just  as  they 
do  their  property  against  fire  and  flood.  Provision  may  be 
made  for  the  payment  of  a  lump  sum  to  the  injured  person,  or 
the  payment  of  a  weekly  amount  during  a  certain  period. 
England  and  Germany  have  gone  so  far  as  to  insure  against 
disease  as  well  as  injuries.  By  such  methods  a  great  deal  of 
undeserved  poverty  is  prevented,  and  many  a  workman  who 
would  have  been  thro^vn  upon  society  as  a  pauper  on  losing 
an  arm  or  a  leg  is  given  an  amount  which  will  help  him  keep 
up  some  standard  of  life  even  though  he  cannot  make  full 
wages  any  longer ;  and  many  a  family  which  would  have  been 
plunged  into  poverty  on  the  death  of  the  father  in  industry 
is  thus  made  more  independent  and  self-respecting. 

Social  insurance.  —  Although  none  of  our  states  has  yet 
made  provision  for  compelling  all  persons  to  insure  them- 
selves against  sickness  or  old  age,  Wisconsin  has  made  a 
beginning  by  a  law  passed  in  1911.  A  state  board  of  insur- 
ance trustees  is  created,  and  persons  of  small  incomes  are 
encouraged  to  insure  themselves  against  adversity  and 
poverty  in  their  old  age.  By  paying  a  small  sum  periodically, 
any  person  may  arrange  to  have  an  income  of  one,  two,  or 
three  hundred  dollars  a  year  on  reaching  the  age  of  sixty. 
Life  insurance  policies  up  to  S3000  are  also  issued.  No 
expensive  offices  or  solicitors  are  maintained,  and  the  idea 
back  of  the  scheme  is  to  furnish  insurance  on  a  safe  basis  at 
exact  cost.  It  is  difficult,  however,  for  underpaid  wage 
earners  to  contribute  even  a  mite  to  such  a  scheme. 

Mothers^  pensions.  —  A  great  deal  of  poverty,  moreover, 
is  due  to  the  fact  that  widowed  or  deserted  and  needy  mothers 
with  children  are  unable  to  take  care  of  their  offspring  prop- 
erly and  at  the  same  time  earn  a  livelihood  for  them.  This 
fact  has  led  more  than  one-fourth  of  our  states  to  pass 
"  mothers'  pension  acts,"  providing;  for  the  payment  of 
certain  sums  weekly  to  mothers  in  such  condition  —  a  sum 


^Kk* 

1 

Courtt.sy  of  Xalional  Child  Labor  Commillcc. 

A  Victim  of  ax  Industrial  Accident 


'  iiiiriisi/  „/  Xitiiomil  (inld  l.nhor  ('oinniittce. 

Night  Work  in  a  CI  lass  P\\ctoky 


The  Work  of  the  State  Government  231 

graded  according  to  the  number  and  age  of  the  children. 
This  is  not  looked  upon  as  a  charity,  but  as  a  reward  for 
honorable  service  in  rearing  children ;  for  we  are  coming  to 
look  upon  the  rearing  and  proper  care  of  children  as  a  no 
less  noble  service  than  the  destruction  of  life  on  the  battle 
field.  We  are  to  have,  as  has  been  well  said,  "soldiers  of  the 
cradle  and  the  plowshare,  no  less  than  of  the  sword  and 
bayonet." 

Minimum  wage  laws.  —  The  discovery  that  a  very  large 
share  of  the  working  people,  particularly  women  and  girls, 
do  not  receive  wages  sufficiently  large  to  maintain  them  in 
comfort  and  decency  has  moved  our  state  legislatures  to 
search  for  some  remedy,  and  a  few  of  them  have  enacted 
"  minimum  wage  "  laws  as  a  result.  A  minimum  wage  law 
may  be  of  two  kinds.  It  may  (a)  provide  for  a  board  or 
commission  with  the  power  to  declare  what  is  a  fair  minimum 
wage  in  a  given  industry,  but  with  no  power  to  compel  em- 
ployers to  pay  it ;  or  (6)  the  law  may  either  fix  a  minimum 
wage  in  certain  industries  or  authorize  a  board  to  fix  and 
enforce  it.  The  minimum  wage  is  at  present  in  an  experi- 
mental stage ;  but  it  is  a  sign  that  there  is  a  growing  deter- 
mination on  the  part  of  the  American  public  to  set  certain 
standards  in  low  paid  trades  with  a  view  to  reducing  the 
appalling  poverty  which  afflicts  those  engaged  in  them. 

Em-ploy  merit  bureaus.  —  A  part  of  the  prevailing  unemploy- 
ment is  due  to  the  fact  that  employers  sometimes  do  not 
know  where  to  get  workers  and  workers  do  not  know  where 
to  look  for  jobs.  Wisconsin  tries  to  bring  the  man  and  the 
job  together  by  establishing  a  chain  of  state  employment 
bureaus  in  the  leading  cities  at  which  men  and  women  seek- 
ing work  are  registered  free  of  charge  and  put  into  touch 
with  those  in  search  of  workers.  Such  a  system  has  to 
be  managed  with  great  care  to  see  that  employers  do  not 
use  it  to  get  cheap  labor  and  discharge  their  more  highly 
paid  workers.     It  is  clearly  inadvisable  for  the  state  to  act 


232  American  Citizenship 

as  a  "  strike-breaker  "•  by  furnishing  laborers  to  take  the 
places  of  those  striking  for  better  wages  or  shorter  hours. 
In  spite  of  the  difficulties  connected  with  managing  such  a 
bureau  properly,  the  Wisconsin  system  seems  to  have  helped 
thousands  of  working  men  and  women  out  of  employment 
to  get  a  new  foothold. 

The  state  government  and  trade  unions.  —  While  the 
state  government  may  thus  help  to  cut  down  the  amount  of 
undeserved  poverty  by  positive  laws,  it  may  also  indirectly 
influence  wages  by  the  attitude  which  it  takes  toward  trade 
unions.  A  trade  union  is  a  combination  of  working  people 
in  a  given  trade.  The  theory  on  which  it  is  based  is  as  fol- 
lows :  Working  men  and  women  with  no  property  must  sell 
their  labor  in  order  to  live.  If  as  individuals  they  bid  against 
each  other  for  jobs,  the  employer  is  able  to  beat  wages  down 
to  the  lowest  offers.  If,  on  the  other  hand,  they  unite,  they 
have  more  strength  in  dealing  with  employers  and  can 
secure  better  wages  and  hours  for  all. 

Trade  unions  and  the  law.  —  A  big  question  for  the  gov- 
ernment to  decide  is  :  "  What  methods  may  trade  unions  use 
to  force  employers  to  pay  better  wages  or  allow  shorter 
hours?  "  May  they  "  picket  "  factories  where  strikes  are 
being  held ;  that  is,  patrol  the  region  and  persuade  other 
persons  from  taking  their  jobs?  May  they  "boycott"; 
that  is,  refuse  to  buy  the  goods  made  by  non-union  manu- 
facturers? May  they  hold  meetings  and  make  speeches 
near  the  factories  and  bring  everything  short  of  physical 
force  to  bear,  to  win  the  strike?  When  and  under  what 
circumstances  should  the  troops  be  called  out  to  interfere, 
and  how  shall  they  be  employed  when  called  out?  Clearly 
these  are  difficult  questions  which  cannot  be  answered  off- 
hand. It  is  important,  however,  that  this  whole  matter 
should  be  carefully  examined  and  that  public  officers 
should  be  cautious  in  putting  the  military  power  above  the 
civil  authorities  in  times  of  disorder  connected  with  strikes. 


The  Work  of  the  State  Government  233 

General  labor  legislation.  —  The  state  tries  to  do  by  legis- 
lative enactment  many  things  which  trade  unions  seek  to  do 
by  agreement  among  themselves.  It  is  in  behalf  of  per- 
sons not  organized  into  unions  that  the  state  government 
interferes  most.  It  may  fix  the  number  of  hours  which 
children,  over  a  certain  age,  and  women  may  work  in  a  day 
or  week.  It  may  require  owners  of  factories  to  put  safe- 
guards about  dangerous  machinery,  and  to  provide  a  cer- 
tain minimum  of  light  and  air  for  their  employees.  It  may 
forbid  altogether  the  employment  of  children  below  a  cer- 
tain age  and  allow  older  children  to  work  only  in  industries 
not  injurious  to  their  health  or  morals.  Even  in  the  case 
of  adult  men,  the  state  may  fix  the  hours  in  some  employ- 
ments which  are  especially  dangerous ;  as,  for  example, 
mining  and  railroading.  These  laws  have  now  grown  to  be 
so  numerous  and  detailed  that  it  requires  an  expert  to  under- 
stand them,  and  they  are  enforced  by  commissions  in  charge 
of  an  army  of  inspectors  who  travel  from  town  to  town  visit- 
ing the  establishments  which  come  within  the  range  of  the 
laws.  For  this  work  it  is  necessary  always  to  have  a  suffi- 
ciently numerous  corps  of  officials.  Occasionally  a  state 
provides  a  larger  force  of  officials  to  enforce  fish  and  game 
laws  than  to  enforce  laws  passed  in  the  interests  of  factory 
workers. 

The  Wisconsin  industrial  commission.  —  The  very  grave 
difficulty  of  making  laws  long  and  full  enough  to  cover  all 
the  multitude  of  problems  raised  in  the  various  industries 
induced  Wisconsin  to  create  an  industrial  commission  and 
give  it  the  power  to  issue  orders  for  this  factory  or  that 
according  to  the  necessities  of  each  case.  This  commission 
may  make  rules  for  ''  the  protection  of  the  life,  health,  safety, 
and  welfare  of  employees  in  employments  and  places  of  em- 
ployment or  frequenters  of  places  of  employment."  Surely, 
this  is  a  large  power  to  give  to  a  body  of  three  men,  but  if  it 
is  used  wisely,  it  may  greatly  increase  the  comfort  and  well- 


234  American  Citizenship 

being  of  thousands  of  people.  It  is  hardly  necessary  to  re- 
mark that  this  law  is  not  based  on  the  old  doctrine  that  any 
one  has  a  right  to  work  where  and  when  he  pleases,  for 
whatever  wages  he  may  choose  to  accept,  and  in  any  kind 
of  factory  he  likes,  regardless  of  the  effect  of  his  conduct  on 
his  own  health  and  well-being  and  that  of  his  family  and  his 
neighbors. 

The  public  control  of  business.  —  In  the  eye  of  the  law 
there  are  two  kinds  of  business  :  that  which  is  purely  private 
in  character  and  that  in  which  the  public  has  an  interest. 
From  time  immemorial  it  has  been  held  that  "  common 
carriers,"  that  is,  persons  engaged  in  carrying  and  handling 
freight  and  passengers,  are  conducting  a  business  which  is 
of  a  public  character.  Such  a  business,  the  lawyers  have 
said,  it  is  proper  for  the  government  to  regulate  —  that  is, 
to  fix  rates  and  charges  and  conditions  of  service.  The 
theory  is  that,  if  any  person  does  not  like  his  shoes,  he  can 
go  to  another  shoemaker,  whereas  if  he  does  not  like  the 
rates  charged  by  a  railway,  he  must  pay  them  anyhow  be- 
cause he  has  no  other  way  to  send  his  goods.  Therefore, 
it  is  proper  for  the  state  government,  runs  the  theory,  to  see 
that  the  rates  of  common  carriers  are  reasonable. 

State  regulation  of  railways.  —  Of  course  this  is  just  a 
theory,  but  it  is  important  in  the  law  and  on  the  basis  of  it 
our  states  control  freight  and  passenger  rates.  They  do 
this  in  several  ways.  A  state  may  fix  a  "  flat  rate  " ;  that 
is,  declare  that  a  railroad  shall  not  charge  more  than  two  or 
three  cents  a  mile  for  passengers ;  or  it  may  provide  that 
railways  having  a  certain  mileage  shall  charge  one  rate  and 
other  railways  having  a  different  mileage  another  rate. 
Again,  the  state  may  create  a  board  or  commission  similar 
to  the  federal  Interstate  Commerce  Commission  (p.  180), 
and  give  it  the  power  to  fix  all  rates  and  charges  of 
common  carriers.  More  than  two-thirds  of  our  states  have 
railway  commissions,  but  all  of  these  boards  do  not  have 


The  Work  of  the  State  Government  235 

equal  power  by  any  means.  A  few  states  have  provided  for 
the  "  physical  valuation  "  of  the  railways  within  their  borders  ; 
that  is,  they  have  ascertained  the  cost  of  constructing  and 
running  the  roads  with  a  view  to  discovering  what  is  a  fair 
charge  to  make  for  carrying  freight  and  passengers. 

The  Wisconsin  method  of  controlling  railways.  —  In  order 
to  show  the  student  just  how  the  state  attempts  to  prevent 
railways  and  common  carriers  from  charging  rates  which 
are  too  high  or  from  refusing  to  stop  trains  at  certain  stations, 
furnish  freight  cars  or  switches,  or  do  other  things  for  the 
convenience  of  the  public,  we  print  here  a  section  from  the 
Wisconsin  law  controlling  railways  : 

Upon  complaint  of  any  person,  firm,  corporation,  or  association, 
or  of  any  mercantile,  agricultural,  or  manufacturing  society,  or  of 
any  body  politic  or  municipal  organization,  that  any  of  the  rates, 
fares,  charges,  or  classifications,  or  any  joint  rate  or  rates  are  in 
any  respect  unreasonable  or  unjustly  discriminatory,  or  that  any 
regulation  or  practice  whatsoever  affecting  the  transportation  of 
persons  or  property,  or  any  service  in  connection  therewith,  are 
in  any  respect  unreasonable  or  unjustly  discriminatory,  or  that 
any  service  is  inadequate,  the  commission  [state  board  of  three 
men  appointed  by  the  governor]  may  notify  the  railroad  com- 
plained of  that  the  complaint  has  been  made,  and  ten  days  after 
such  notice  has  been  given,  the  commission  may  proceed  to  in- 
vestigate the  same  as  hereinafter  provided.  ...  If  upon  such  in- 
vestigation the  rate  or  rates,  fares,  charges  or  classifications,  or 
any  joint  rate  or  rates,  or  any  regulation,  practice,  or  service  com- 
plained of,  shall  be  found  to  be  unreasonable  or  unjustly  discrimina- 
tory, or  the  service  shall  be  found  to  be  inadequate,  the  commission 
shall  have  power  to  fix  and  order  substituted  therefor,  such  rate 
or  rates,  fares,  charges  or  classification  as  it  shall  have  determined 
to  be  just  and  reasonable,  and  which  shall  be  charged,  imposed,  and 
followed  in  the  future. 

The  theory  on  which  trusts  are  forbidden  by  some  states.  — 
It  is  difficult  for  a  person  who  is  not  a  lawyer  to  see  why  a 
railway  is  a  matter  in  which  the  public  has  an  interest,  and 
the  shoe  business,  which  may  be  controlled  by  a  single  tru--f 


236  American  Citizenship 

(p.  188)  or  by  very  few  manufacturers,  is  not.  But  the 
distinction  is  made  in  the  law,  and  when  a  state  gov- 
ernment interferes  with  other  than  railways  and  "  public 
service  corporations,"  it  does  so  on  another  theory ;  namely, 
"  that  all  combinations  in  restraint  of  trade  are  illegal."  It 
is  an  ancient  doctrine  of  the  law  that  when  two  or  more 
persons  in  any  hne  of  business  join  in  a  scheme  to  injure  a 
third  they  have  committed  an  unlawful  act.  On  the  theory 
that  "  combinations  in  restraint  of  trade  "  are  unlawful,  the 
courts  may  punish  persons  who  join  in  an  organization  to 
drive  out  competitors  or  to  monopolize  all  of  the  business  in 
a  certain  line ;  and,  to  make  sure  that  the  courts  will  act  on 
this  theory,  many  state  legislatures  have  expressly  pro- 
hibited such  combinations.  Any  concern  which  is  engaged 
in  business  solely  within  the  borders  of  a  state  is  entirely 
subject  to  the  laws  of  that  state,  but  when  it  enters  into  a 
general  business  in  other  states  it  becomes  subject  to  the 
laws  passed  by  Congress  under  its  power  to  regulate  inter- 
state commerce  (p.  180). 

State  laws  about  corporations.  —  Many  kinds  of  laws  are 
enacted  by  our  states  for  the  purpose  of  preventing  the 
union  of  competing  concerns  into  large  corporations  and 
trusts.  Of  course,  it  is  impossible  to  form  a  corporation 
without  the  consent  of  the  state  government  which  issues 
the  charter  to  the  persons  joining  in  the  corporation,  and 
so  the  state  may  lay  down  the  terms  on  which  such  con- 
cerns may  do  business.  Some  states  forbid  the  directors  of 
one  corporation  to  be  directors  in  other  corporations, — 
that  is,  prohibit  what  is  known  as  ''  the  interlocking  directo- 
rate," —  a  system  by  which  a  few  men  may  readily  get  control 
of  a  large  number  of  different  concerns.  Other  states  compel 
companies  to  sell  their  products  in  all  parts  of  the  state  at 
the  same  price,  with  the  cost  of  freight  added,  so  that  they 
cannot  undersell  competitors  in  one  section  and  charge  a 
high  price  in  another  to  make  up  the  difference.     In  spite  of 


The  Work  of  the  State  Government  237 

all  of  these  schemes,  the  tendency  to  consolidate  competing 
businesses  goes  on  steadily. 

Good  roads.  —  Until  very  recently,  the  building  and  re- 
pair of  roads  were  regarded  largely  as  local  matters,  and  left 
to  the  care  of  the  townships,  counties,  and  other  subdivisions. 
The  result  was  that  the  condition  of  the  roads  depended 
upon  the  enterprise  and  intelligence  of  the  community,  and 
no  uniform  and  scientific  plans  were  possible.  But  a  few 
years  ago  a  new  movement  set  in  for  "  good  roads."  The 
United  States  government,  by  establishing  rural  free  de- 
livery only  where  reasonably  good  roads  were  maintained, 
encouraged  localities  to  make  extensive  improvements. 
The  development  of  the  automobile,  not  merely  for  pleasure, 
but  also  for  business  and  transportation  generally,  led  town 
and  city  people  to  give  more  attention  to  the  way  the  rural 
communities  kept  up  their  roads.  The  telephone,  rural 
delivery,  and  automobile  awakened  the  farmer  to  the  value 
of  quick  communication  with  the  neighboring  cities.  Good 
roads,  moreover,  increase  the  value  of  lands  immensely : 
a  person  dwelling  ten  miles  from  a  city  on  a  macadam  road 
may  in  fact  be  nearer  than  another  person  living  only  five 
miles  away  on  an  unimproved  road.  Good  roads  encourage 
the  sons  and  daughters  of  farmers  to  remain  in  the  country 
because  they  make  it  possible  to  break  the  monotony  of 
isolated  farm  life  by  trips  to  town. 

How  state  government  may  help  in  building  roads.  —  It  is 
for  these  reasons  that  our  states  are  going  into  the  road 
making  business  on  a  large  scale,  either  by  undertaking  the 
work  themselves  or  by  lending  aid  to  the  counties  and  local 
communities.  New  York,  for  example,  is  building  great 
trunk  lines  in  all  directions  and  maintaining  them  out  of 
state  funds.  In  addition  to  building  state  roads,  about 
three-fourths  of  the  states  have  adopted  a  policy  of  lending 
financial  aid  to  localities ;  that  is,  of  pitying  part  of  the  cost 
of  certain  roads  if  the  locality  will  pay  the  balance.     Illinois 


238  American  Citizenship 

operates  a  great  rock-crushing  plant  by  convict  labor  and 
furnishes  stone  free  of  charge  to  counties  which  will  pay  the 
freight.  Other  states  furnish  expert  engineers  and  surveyors 
to  communities  ready  to  improve  their  highways. 

Why  state  aid  is  essential  to  proper  road  building.  —  The 
entrance  of  the  state  into  the  road  business  has  resulted 
in  wonderful  improvements.  Road  making  is  a  science,  and 
it  cannot  be  mastered  by  an  elected  road  supervisor  of  a  few 
weeks'  experience.  The  state  government  employs  highly 
skilled  men  who  devote  their  lives  to  highway  engineering. 
State  roads,  therefore,  are  likely  to  be  constructed  with 
more  care  at  the  outset  and  maintained  with  more  regularity 
and  skill  when  once  built.  By  the  system  of  state  aid  to 
localities,  the  communities  are  encouraged  to  become  enter- 
prising, and  at  the  same  time  the  best  scientific  training  may 
be  enlisted  in  the  work  of  constructing  and  repairing  high- 
ways. 

The  state's  natural  resources.  —  A  great  many  of  our 
states  possess  valuable  forest  lands  and  waterfalls  from 
which  power  may  be  developed.  Up  until  recent  years  it 
was  believed  by  most  of  those  who  thought  about  the  matter 
at  all  that  the  state  should  sell  or  give  away  to  private  per- 
sons all  of  its  timber  lands  and  waterfalls ;  but  this  view 
of  the  matter  is  now  growing  obsolete.  The  state  would 
not  think  of  letting  any  private  person  drive  up  to  the 
treasury  and  take  away  a  wagonload  of  its  money.  Why 
then  should  it  permit  any  person  to  enter  its  treasury  of 
natural  resources  and  help  himself  to  power  and  timber 
without  making  proper  return?  Gradually  the  states  are 
standing  against  the  old  policy  of  selling  or  giving  away 
power  and  timber,  and  favoring  the  retention  and  develop- 
ment of  these  rich  treasures  for  the  public  good.  A  state 
may  lease  the  use  of  these  resources  to  private  persons  in 
return  for  the  payment  of  a  stipulated  rental,  or  it  may 
develop  them  itself  by  having  state  officers  handle  the  timber 


The  Work  oj  the  State  Government  239 

and  sell  the  annual  output  and  by  building  state  power- 
houses and  selling  the  power.  Whatever  policy  is  adopted, 
the  point  is  to  prevent  any  private  person  from  getting  any- 
thing from  the  public  without  giving  its  value  in  return. 

How  the  state  raises  its  revenues.  —  All  these  useful 
services  by  the  state  cost  money,  and  it  must  be  raised  by 
taxing  the  citizens ;  but  there  are  many  ways  of  doing  this. 
In  older  and  simpler  days,  when  there  were  few  great  rail- 
way and  other  companies  and  corporations,  it  was  the 
common  practice  to  lay  a  tax  upon  every  citizen  within  the 
state  according  to  the  amount  of  his  property,  lands,  houses, 
money,  jewels,  and  livestock. 

The  general  property  tax.  —  This  was  based  upon  the  theory 
that  everybody  ought  to  contribute  to  the  support  of  the 
state  government  just  in  proportion  to  the  value  of  all  his 
property.  A  man  who  had  ten  thousand  dollars'  worth  of 
land  should  pay  just  as  much  as  the  man  who  had  a  store 
worth  the  same  amount,  or  money  loaned  out  at  interest. 

The  difficulty  of  taxing  "  personal  "  property.  —  The  tax 
looked  fair  enough  and  is  in  fact  fair  enough  for  a  rural  com- 
munity, but  time  has  wrought  changes  in  populous  states. 
A  great  deal  of  the  wealth  now  is  in  stocks  and  bonds  — 
money  invested  in  railways,  manufacturing,  mining,  and 
other  concerns,  and  it  is  difficult  to  find  out  how  much  any 
person  is  worth  if  he  will  not  tell  the  assessor.  He  can  lock 
his  bonds  up  in  a  strong  box  and  no  one  can  discover  how 
much  he  has.  It  is  in  this  way  that  a  great  deal  of 
personal  property  escapes  taxation  altogether.  This  fact, 
plus  the  fact  that  the  expenses  of  states  have  grown  enor- 
mously, has  led  many  states  to  look  for  new  sources  of 
revenue,  in  place  of  relying  solely  on  the  general  property  tax. 

The  income  tax.  —  Among  these  new  sources  is  the  income 
tax.  This  tax  rests  upon  the  theory  that  a  person's  income 
is  the  best  test  of  his  ability  to  pay.  A  farm'T  may  have  a 
farm  worth  SoOOO  from  which,  by  hard  labor,  he  wins  $1000 


240  American  Citizenship 

gross  income  and  yet  he  may  have  to  pay  a  tax  of  S75  or 
$100  a  year,  while  a  lawyer  who  owns  no  property  what- 
ever may  enjoy  an  income  of  $3000  a  year  and  pay  no  tax 
at  all.  Of  course  it  is  difficult  to  know  the  amount  of  a 
person's  income  if  he  will  not  honestly  tell  what  it  is,  but  about 
one-third  of  our  states  have  an  income  tax.  Wisconsin  has 
one  of  the  most  interesting  income  tax  laws.  It  says :  "  If 
you  are  unmarried  and  have  an  income  over  $800,  you  must 
pay  a  small  income  tax ;  if  you  are  married,  you  and  your 
wife  need  not  pay  unless  you  have  over  $1200  a  year;  if 
you  have  children  under  eighteen  years  of  age,  we  will 
exempt  you  from  paying  tax  on  $200  for  each  child."  In- 
come taxes  are  usually  graduated ;  that  is,  the  rate  which 
one  pays  increases  with  the  amount  of  the  income.  In 
Wisconsin  one  paj^s  only  1  per  cent  on  the  first  $1000  over 
and  above  the  amount  exempt,  and  6  per  cent  on  a  taxable 
income  over  $12,000. 

The  inheritance  tax.  —  A  second  new  source  of  income  is 
the  inheritance  tax,  which  is  imposed  upon  the  property  which 
a  person  leaves  to  his  heirs  at  his  death.  This  tax  is  easier 
to  collect  than  the  income  tax,  because,  upon  the  death  of 
the  owner,  the  estate  must  be  settled  in  order  that  it  may  be 
divided  among  the  heirs,  and  it  is  thus  possible  for  the  state 
officers  to  discover  the  exact  amount  which  is  left  to  the 
heirs.  A  much  larger  proportion  of  our  states  have  the  in- 
heritance tax  than  the  income  tax. 

The  tax  on  corporations.  —  A  third  new  tax  is  the  corpora- 
tion tax,  or  tax  laid  upon  companies  doing  business  within 
the  state.  This  tax  is  to  be  found  in  many  forms.  It  may 
be  a  tax  laid  upon  the  capital  stock  of  the  concern  or  upon 
the  net  earnings  or  upon  the  gross  earnings.  This  is  one  of 
the  most  popular  of  the  new  taxes,  because  it  is  a  kind  of 
indirect  tax  which  does  not  come  immediately  out  of  any- 
body's pocket.  The  people  of  the  state  which  lays  such  a 
tax  often  forget  that  ^any  money  collected  from  a  company 


The  Work  of  the  State  Government  241 

doing  business  in  the  state  must  come  out  of  the  pockets  of 
the  working  people  employed  by  it  or  out  of  the  pockets  of  the 
consumers  who  buy  the  products  or  travel  or  send  freight 
and  express.  A  corporation  tax  is  an  easy  way  of  taxing 
ourselves  indirectly. 

Questions 

1.  Name  some  ways  in  which  the  state  government  comes  very 
close  to  the  people. 

2.  On  what  subjects  is  there  considerable  diversity  among  the 
states  ? 

3.  What   are   the  advantages   and   disadvantages   of   uniform 
legislation  ? 

4.  What  is  meant  by  crime  ?     What  are  the  most  recent  ideas 
about  treating  criminals  ? 

5.  What  is  the  advantage  of  state  control  of  education  ? 

6.  Describe  the  health  work  of  a  progressive  state. 

7.  What  is  the  attitude  of  enlightened  states  toward  the  very 
poor? 

8.  What  are  some  of  the  chief  causes  of  poverty,  and  which  of 
these  are  connected  with  politics  ? 

•   9.  What  relation  does  the  government  of  the  state  bear  to 
wages  ? 

10.  What  is  the  trend  of  state  labor  legislation  ? 

11.  How  do  state  governments  affect  business? 

12.  What  property  may  a  state  own  and  how  may  it  be  used  ? 

Additional  Reading 

The  Regulation  of  Railways:  Reinsch,  Readings  on  American 
State  Government,  pp.  240-262;  Beard,  American  Government, 
pp.  724-782. 

Conservation  of  State  Resources  :   Reinsch,  pp.  262-292. 

Prohibition  of  Liquor  Selling  :    Reinsch,  pp.  342-363. 

The  Courts  and  Criminal  Law  Reform  :  Reinsch,  pp.   181-199. 

Insurance  against  Poverty  :    Seager,  A  Social  Program. 

State  Taxation  and  Finance  :    Beard,  pp.  706-720. 

Labor  Legislation:  Seager,  A  Social  Program;  Beard,  pp. 
732-742. 

A  Study  of  a  Progressive  State  :  Charles  McCarthy,  The  Wis- 
consin Idea. 

R 


CHAPTER  XVI 

HOW    THE    CITY    GOVERNMENT    SERVES    THE 
COMMUNITY 

I.    What  is  the  city  ? 

1.  The  city  as  it  appears  to  the  stranger. 

2.  The  residents'  view  of  the  city. 

3.  A  narrow  view  of  city  government. 

4.  City  government  and  the  well-being  of  the  people. 

5.  What  the  citizen  should  care  about  in  the  matter  of  city 

government. 
II.    The  survey  of  the  city. 

1.  What  should  be  in  such  a  siirvey? 

2.  The  value  of  such  surveys. 

3.  The  most  important  thing  in  city  government. 

III.  Policing  the  city.  \ 

1.  The  police  force. 

2.  Policewomen. 

3.  The  question  of  proper  treatment  for  criminals. 

4.  New  plans  to  help  criminals  reform  themselves. 

IV.  The  fire  department. 
1.  Fire  prevention. 

V.    The  city  streets. 

1.  The  planning  and  care  of  streets. 

2.  Traffic  in  the  streets. 

3.  The  anti-noise  crusade. 
VI.    Public  utilities. 

1.  The  franchises  granted  to  public  utility  corporations. 

2.  Forms  of  franchises. 

3.  Regulation  of  utilities. 

4.  Municipal  ownership  of  city  utilities. 
VII.    Guarding  the  health  of  the  citizens. 

1.  Pure  air  indoors. 

2.  Pure  air  out-of-doors. 

3.  Breathing  spaces  in  the  crowded  city. 

242 


How  the  City  Government  Serves  the  Community     243 

4.  Pure  food. 

5.  Control  of  milk  supply. 

6.  Municipal  markets. 

7.  Municipal  ice  plants. 

8.  Attacking  disease  directly. 

9.  An  outline  of  health  work. 
VIII.    Housing. 

IX.    Play  and  rest  for  city  people. 

1.  What  the  city  can  do  to  help  provide  recreation. 
X.    Education. 

1.  Newer  features  of  our  schools. 

2.  Cooperation  of  the  schools  in  government  work. 

3.  The  extension  of  education  in  cities. 
XL    City  planning. 

XII.    Raising  the  money  with  which  to  pay  the  bills. 

1.  The  single  tax  on  the  values  of  land. 

2.  Making  the  budget. 

XIII.  Poverty  in  the  city. 

1.  The  Kansas  City  Board  of  Public  Welfare. 

XIV.  The  new  city  program. 


What  is  the  city?  —  If  all  students  were  asked  to  close 
their  eyes  and  tell  what  picture  is  called  to  their  minds  by 
the  word  ''  city,"  no  two  pictures  would  be  alike.  Children 
might  have  similar  ideas  about  the  words  "  state  "  or  "  na- 
tion "  or  "  country  " ;  but  for  each  of  us  the  word  city  calls 
up  a  different  vision,  the  nature  of  which  depends  upon 
where  we  live,  how  we  live,  where  we  walk  or  ride  or  play, 
where  we  go  to  school,  or  what  kind  of  work  we  do. 

The  city  as  it  appears  to  the  stranger.  —  The  impression 
which  the  city  makes  upon  the  outsider  who  visits  it  depends 
upon  what  he  seeks  within  its  gates.  The  country  resident 
on  occasional  visits  may  carry  away,  above  everything  else, 
notions  of  the  gayety  of  the  city,  as  a  result  of  seeing  the 
bright  shops,  the  amusements,  and  the  throngs  of  people 
along  the  brilliantly  lighted  streets.  The  stranger  in  search 
of  work  will  have  quite  another  impression,  particularly  if 
his  search  is  long  and  fruitless.     He  will  think  the  city  is  a 


244  American  Citizenship 

place  of  high  prices,  high  rents,  gloomy  warehouses  and 
factories  where  gruff  foremen  repel  those  seeking  work,  and 
dark,  overcrowded  tenements.  Signs  in  the  parks  tell  him 
to  keep  off  the  grass,  and  the  policeman  is  likely  to  arrest 
him  as  a  vagrant  if  he  rests  too  long  on  a  park  bench.  To 
such  an  one,  the  city  is  a  cheerless  place,  and  the  only  evi- 
dences of  hospitality  are  at  the  municipal  lodging  house, 
where  he  may  stay  for  a  few  cents  a  day  for  a  brief  time. 

The  residents'  view  of  the  city.  —  As  we  have  said,  the  city 
does  not  mean  the  same  thing  even  to  all  its  residents ;  their 
impressions  likewise  depend  upon  the  section  in  which  they 
live,  the  income  or  wages  they  receive,  and  the  work  they  do. 
To  the  poor  child,  the  city  means  the  street  in  which  he  plays, 
with  a  big  policeman  strolling  up  and  down  watching  for  mis- 
chief makers  ;  the  school  which  he  attends  ;  and  his  neighbor- 
hood with  the  excitement  when  the  fire  engines  are  called  out 
or  there  has  been  a  fight  or  some  one  has  been  run  over  by  a 
truck  or  automobile.  To  the  child  of  wealthy  parents,  the 
city  is  a  place  of  beautiful  parks,  elegant  carriages  and  care- 
fully groomed  horses,  well-dressed  ladies,  children's  parties, 
and  beautiful  homes.  And  as  for  the  government  of  the 
city,  perhaps  neither  the  poor  nor  the  rich  child  has  thought 
about  connecting  the  things  that  he  sees  with  the  mayor  or 
the  council  or  the  health  officer  or  the  crowds  around  the 
polls  on  election  days. 

A  narrow  view  of  city  government.  —  To  the  average  person 
the  phrase,  the  government  of  the  city,  calls  up  a  vision  of 
the  city  hall,  an  engine  house,  a  hospital,  the  courthouse 
and  jail,  a  park,  a  school  building,  a  policeman,  and  perhaps 
a  garbage  collector.  He  does  not  think  that  there  is  much 
connection  between  the  city  government  and  the  dark  alleys 
and  dingy  tenements,  the  narrow  and  dirty  streets,  the 
number  of  funerals  of  little  babies  and  grown-up  persons, 
the  hungry  children  in  the  schools,  or  the  places  of  amuse- 
ment. 


How  the  City  Government  Serves  the  Community     245 

Nevertheless,  there  is  a  very  deep  and  real  relation 
between  the  beauty,  health,  and  happiness  of  the  residents 
and  the  government  of  the  city. 

City  government  and  the  well-being  of  the  'people.  —  It  is 
one  of  the  purposes  of  the  study  of  civics  to  show  this  con- 
nection between  the  comfort  and  happiness  of  the  city  and 
its  government.  If  a  city  has  beautiful  parks,  fine  school 
buildings,  clean  streets,  no  dirty  back  alleys,  homes  well 
constructed  and  lighted,  a  small  number  of  deaths  each  year, 
decent  and  orderly  places  for  the  people  to  visit  for  entertain- 
ment, courteous  and  industrious  policemen,  it  is  because  the 
voters  and  the  city  officers  have  worked  together  to  reach  this 
result.  If  a  city  has  splendid  public  buildings  and  filthy, 
overcrowded  back  streets,  fine  drives  for  carriages  and 
automobiles  and  gloomy  tenements  for  the  poor  to  live  in, 
statues  of  poets  and  great  men  in  the  show  places,  and  grim 
death  busily  at  work  all  the  time  in  the  back  places,  it  is  be- 
cause the  voters  are  indifferent,  and  those  who  ought  to 
know  better  have  very  narrow  ideas  of  what  a  city  is  and 
ought  to  be. 

What  the  citizen  should  care  about  in  the  matter  of  city  govern- 
ment. —  It  is  because  a  great  deal  of  our  comfort  and  well- 
being  depends  upon  the  government  of  the  city  that  our 
study  of  the  subjects  of  civics  .must  go  beyond  a  bare  descrip- 
tion of  the  elections,  terms,  salaries,  and  duties  of  municipal 
officers.  It  is  far  more  important  to  know  the  things  which 
have  been  done  to  reduce  the  death  rate  in  the  most  enlight- 
ened cities  than  it  is  to  know  whether  the  mayor's  term  is 
two  years  or  four.  It  is  far  better  to  know  what  can  be  done 
to  guarantee  pure  milk  for  babies  than  it  is  to  know  who 
succeeds  the  mayor  in  case  he  should  die  or  lose  his  mind. 
When  the  citizen  has  an  interest  in  making  his  city  a  cleaner, 
more  beautiful,  and  more  healthful  place  for  everybody  to 
live  in ;  when  he  begins  to  inquire  what  has  been  done  by 
progressive  cities  along  such  lines,  he  will  soon  find  out  when 


246  American  Citizenship 

and  how  elections  are  held  at  which  officers  are  chosen  to  do 
the  work  of  city  government.  In  fact  mere  descriptions 
of  the  machinery  of  the  city  government  are  of  little  use 
in  teaching  citizens  their  duties. 

The  survey  of  the  city.  —  No  one  can  help  wisely  and 
effectively,  unless  he  has  a  rather  accurate  notion  of  what 
needs  to  be  done.  For  this  reason,  people  are  coming  to 
see  the  need  of  what  is  called  a  "survey"  or  a  study  of 
the  actual  facts  about  the  life  and  work  of  all  the  residents. 
We  now  have  several  such  surveys  made  by  expert  commit- 
tees who  have  studied  in  detail  the  way  the  people  of  given 
cities  are  housed,  policed,  and  taxed,  how  their  health  is 
safeguarded  and  their  children  are  taught,  what  incomes  they 
have  per  family,  where  and  how  they  seek  amusements, 
and  what  attitude  the  city  officers  take  toward  such  matters. 
It  has  been  said  that  one-half  of  the  world  does  not  know 
how  the  other  half  lives ;  but  it  is  sheer  stupidity  or  willful 
ignorance  to  continue  this  state  of  affairs  when  it  is  possible 
to  have  an  accurate  census  of  how  all  live  and  when  it  is  at 
the  same  time  desirable  because  we  all  share  the  responsi- 
bility for  the  present  state  of  affairs. 

What  should  be  in  a  survey  of  a  city.  —  A  survey  of  a  city 
for  the  purpose  of  understanding  the  work  which  the  govern- 
ment ought  to  do  should  reveal  the  following  facts  : 

The  number  of  families  that  have  not  more  than  the  minimum 
income  necessary  for  a  bare  living  and  that  have  and  can  have  no 
savings. 

The  number  of  families  that  own  their  own  homes  and  the  num- 
ber that  rent  their  homes. 

The  sickness  and  death  rate  by  blocks  and  districts,  taking  into 
consideration  also  the  diseases  and  deaths  caused  by  the  industries 
in  which  the  workers  are  employed. 

The  kinds  and  causes  of  diseases  in  the  city. 

The  sources  of  the  food  supply,  and  costs  of  transportation  and 
marketing. 

The  condition  of  the  homes  of  the  people  as  to  light,  air,  clean- 
liness, and  comfort. 


A  Chicago  CouKT  for  Delixquext  Gikls 


How  the  City  Government  Serves  the  Community     247 

The  number  and  location  of  the  saloons,  dance  halls,  and  places  of 
amusement. 

The  amount  of  property  the  city  now  owns,  its  debt,  the  sources 
of  income,  and  present  apportionment  of  income  for  municipal  work. 

The  amount  of  overcrowding  in  homes  and  the  congestion  of 
traffic  in  the  streets,  the  street  cars,  and  other  means  of  transporta- 
tion. 

The  amount  and  kinds  of  crime  and  sections  of  the  city  where  it 
occurs. 

The  number  of  children  arrested  each  year  and  the  offenses 
charged  against  them. 

The  number  of  deaths  per  month  or  year  caused  by  reckless 
driving  or  lack  of  traffic  regulations. 

The  value  of  such  surveys.  —  It  is  from  such  surveys  that 
we  have  learned  the  necessity  of  including  in  the  studj'' 
of  civics  other  things  besides  the  terms  and  elections  of  city 
officers.  When  we  discover  that  a  very  large  proportion  of 
the  residents  of  tlie  great  industrial  cities  (more  than  90  per 
cent  in  New  York  City)  do  not  own  homes,  that  a  large 
proportion  do  not  have  sufficient  wages  to  cover  the  bare 
necessities  of  life,  that  we  are  killing  men,  women,  and  children 
by  the  thousands  through  neglecting  public  health  work  — 
when  we  discover  such  facts  as  these  we  know  that  an  elec- 
tion means  more  than  merely  trying  to  find  out  whether  the 
candidate  of  one  or  the  other  party  goes  to  our  church  or 
voted  our  ticket  ten  years  ago. 

The  most  important  thing  in  city  government.  —  From 
this  point  of  view  it  is  difficult  to  decide  which  topic 
of  city  government  should  be  taken  up  first.  When  the 
newer  ideas  about  the  subject  began  to  creep  into  textbooks, 
it  was  customary  to  start  with  the  old  topics,  such  as  pohce 
control,  parks,  and  fire  protection,  and  to  put  in  a  few 
sentences  about  health  and  housing  at  the  end.  But  on 
second  thought  we  can  see  that  it  is  more  important  that  the 
homes  of  the  people  of  a  great  city  should  be  light,  airy,  and 
clean  than  that  the  boulevards  should  be  paved  or  a  bust  of 


248  American  Citizenship 

a  poet  placed  in  the  park.  Again,  the  number  of  people 
who  might  be  assaulted  if  there  were  no  police  in  the  city- 
is  probably  small  as  compared  with  the  number  annually 
killed  by  diseases  which  could  be  prevented.  It  is,  therefore, 
not  our  view  of  the  importance  of  things,  but  respect  for 
tradition  that  leads  us  to  begin  with  the  older  business  of 
city  government  and  take  up  the  newer  things  later. 

Policing  the  city.  —  One  of  the  duties  of  a  municipal 
government  is  to  keep  order  within  its  gates.  This  seems 
like  a  simple  matter,  but  it  isn't.  If  all  the  police  had  to  do 
was  to  catch  and  punish  thieves,  robbers,  murderers,  and 
other  grave  offenders,  their  work  would  not  be  so  difficult; 
but  we  ask  our  police  to  look  after  our  morals  as  well.  Some 
of  us  think  that  saloons  should  be  shut  on  Sunday,  and  we  have 
this  belief  enacted  into  law.  Then  we  charge  the  police  with 
the  duty  of  enforcing  it  and  go  about  our  own  business. 
But  thousands  of  people,  including  the  saloon-keepers  and 
perhaps  many  of  the  policemen,  do  not  think  that  it  is  im- 
moral to  have  saloons  open  on  Sunday,  and  the  saloon 
keepers  are  willing  to  pay  somebody  handsomely  if  they  can 
open  their  back  doors  in  spite  of  the  law.  This  is  where  the 
trouble  comes  in  with  the  police  —  "  graft,"  as  we  call  it. 
Those  who  cater  to  all  kinds  of  profitable  vices  —  drinking, 
gambling,  and  the  like  —  are  willing  to  pay  the  pohce  or  the 
politicians  who  control  the  police  department,  if  they  will 
just  shut  their  eyes.  It  takes  extraordinary  watchfulness 
on  the  part  of  citizens  trying  to  suppress  vice  to  prevent 
corruption  in  the  police  force.  In  fact,  repeated  failures  to 
suppress  vice  have  led  many  wise  persons  to  think  of  attack- 
ing the  problem  by  getting  at  some  of  the  chief  causes  of 
vice  —  overcrowding,  low  wages,  inadequate  recreation,  poor 
education,  and  feeble-mindedness. 

The  police  force.  —  Much  depends,  however,  upon  the  official 
police  system.  The  modern  police  force  in  the  more  ad- 
vanced cities  is  organized  somewhat  on  the  following  lines. 


How  the  City  Government  Serves  the  Community     249 

The  head  of  the  department  is  appointed  by  the  mayor  or 
elected  by  the  commission  (if  the  city  has  commission  govern- 
ment) and  is  made  responsible  for  the  conduct  of  the  entire 
force.  The  members  of  the  force  are  chosen  by  the  "  merit  " 
system  (see  p.  133) ;  that  is,  on  the  basis  of  a  competi- 
tive examination,  and  they  hold  their  positions  for  life, 
or  during  good  behavior.  The  officers  in  the  force  are 
selected  by  promotion  from  the  ranks  on  the  basis  of  meri- 
torious services.  Pensions  are  sometimes  paid  to  the  men 
who  have  served  a  long  term  of  years  on  the  force.  By  the 
merit  system  an  attempt  is  made  to  keep  the  police  out  of 
politics ;  they  do  not  get  their  places  or  hold  them  at  the 
pleasure  of  any  political  party;  the  city  government  may 
change  at  every  election,  but  the  police  force,  like  soldiers, 
continues  from  year  to  year,  obeying  orders  from  the  head  of 
the  department.  Of  course,  it  does  not  work  out  exactly  this 
way  in  practice  ;  but  there  has  no  doubt  been  a  great  improve- 
ment over  the  old  days  when  the  whole  police  force  went  out 
of  office  when  a  new  party  came  into  power  at  an  election. 
Policewomen.  —  Not  very  long  ago,  it  was  customary  to 
throw  all  arrested  persons,  men,  women,  and  children,  into 
the  same  prison  cells.  In  time,  it  was  decided  that  children 
should  be  separated  from  the  "  hardened  "  adult  criminals, 
and  women  were  placed  in  separate  cells.  This  was  indeed 
a  great  reform  in  its  day.  Recently  we  see  the  idea  of  police- 
women coming  to  the  front ;  that  is,  of  having  uniformed 
women  patrol  the  streets,  to  arrest  and  look  after  girls 
and  women  who  commit  offenses.  We  now  have  women 
matrons  at  all  prisons  where  females  are  imprisoned,  women 
probation  officers  connected  with  the  courts,  women  police 
in  some  cities,  women  jurors,  and  it  is  only  a  question  of  time 
before  women  will  be  serving  as  judges,  particularly  in  cases 
where  women  and  children  are  accused  of  crimes.  In  fact, 
Chicago  has  recently  established  a  court  for  delinquent 
girls  with  a  woman  as  judge. 


250  American  Citizenship 

The  question  of  proper  treatment  for  criminals.  —  Punishing 
offenders  against  the  law  is  quite  as  much  a  part  of  police 
work  as  is  arresting  them.  That  is  why  municipal  courts  are 
so  important  (p.  134).  If  judges  are  elected  by  popular 
vote,  the  voter  should  give  careful  attention  to  the  charac- 
ter of  the  men  standing  for  the  office,  and  if  they  are  to  be 
appointed  by  the  mayor,  the  character  of  the  candidates  for 
mayor  must  be  discussed  in  this  connection.  Wise,  tactful, 
humane,  but  withal  stern,  judges,  can  do  a  great  deal  to  help 
unfortunate  persons  charged  with  offenses.  The  old  way  of 
fining  offenders  and  shutting  them  up  in  jails  because  they 
could  not  pay  is  now  being  discredited.  If  the  judge  under- 
stands and  sympathizes  with  the  poor  in  their  struggle 
against  serious  obstacles,  his  decisions  will  be  more  en- 
lightened and  fairer.  Our  lawmakers  are  now  giving  the 
judges  more  freedom  to  apply  the  law  in  a  different  way  to 
different  offenders  as  circumstances  are  shown  to  demand. 

New  plans  to  help  offenders  reform  themselves.  —  Stealing, 
for  example,  is  an  offense  punishable  by  a  certain  penalty ; 
but  it  is  clear  that  different  treatment  should  be  meted  out 
to  the  young  person  who  commits  his  first  offense  from  that 
meted  out  to  a  case-hardened  offender.  A  child  who  has 
been  denied  proper  advantages  should  not  be  put  on  the  same 
footing  as  a  person  who  ought  to  know  better ;  but  unhappily 
the  reverse  is  too  frequently  true.  After  all,  the  idea  of 
punishment  ought  to  be  twofold  :  to  protect  innocent  people 
from  wrongdoers,  and  to  help  wrongdoers  to  reform  them- 
selves. For  this  reason  cities  are  now  adopting  probation 
systems  which  permit  judges  to  place  persons  convicted  of 
light  offenses  under  the  care  of  probation  officers  connected 
with  the  court,  with  a  warning  that  any  new  misstep  means 
prison.  Imprisonment  should  be  a  last  resort  used  only 
against  serious  offenders  who  are  dangerous  when  free. 
It  is  the  proper  business  of  a  police  court  to  inquire  why 
offenders  have  been  guilty,  what  are  the  chances  for  reforma- 


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How  the  City  Government  Serves  the  Community     251 

tion,  and  what  is  the  best  thmg  to  be  done  with  the  guilty 
in  order  to  help  them  reform.  Cleveland,  Ohio,  and  Kansas 
City,  Missouri,  have  city  farms  where  certain  prisoners  are 
sent,  and  are  greatly  helped  by  a  healthful  outdoor  life. 
This  is  evidence  not  merely  of  pity  and  sentiment :  it  is 
the  application  of  the  principle  of  conservation  to  human 
beings. 

The  fire  department.  —  Fighting  fire  is  now  regarded  as 
a  duty  which  every  city  must  undertake  at  public  expense. 
In  some  cities  of  Turkey  this  service  used  to  be  left  to 
private  parties,  and  any  one  who  found  his  house  on  fire  had 
to  run  to  a  private  company  and  drive  a  bargain  for  help. 
In  the  smaller  towns  in  the  United  States  fire  fighting  is  left 
to  volunteer  companies  which  are  supported  at  public  expense 
or  by  contributions  from  merchants  and  residents.  In  all 
large  cities,  however,  the  volunteer  company  has  been,  or  is 
being,  superseded  by  regular  companies  of  firemen  organized, 
drilled,  and  always  on  duty,  like  soldiers  in  war  time.  It  is 
customary  to  select  firemen  by  civil  service  rules  (p.  133) 
and  cities  sometimes  give  pensions  to  firemen  who  are 
disabled  or  who  grow  old  in  the  service.  The  wonderful 
machinery  which  we  have  for  fighting  fires,  and  the  courage 
and  skill  of  our  firemen  are  the  pride  of  our  cities. 

Fire  prevention.  —  An  ounce  of  prevention  is  worth  a  pound 
of  cure,  and  this  applies  to  fighting  fire  as  well  as  to  war  on 
disease.  Notwithstanding  our  fine  fire-fighting  systems,  the 
loss  in  lives  and  property  from  fires  is  larger  in  the  United 
States  than  anywhere  in  Europe.  This  is  partially  due  to 
the  wooden  buildings,  carelessness  in  constructing  factories 
and  houses,  indifference  on  the  part  of  those  who  handle 
matches  and  inflammable  materials,  and  to  the  ease  with 
which  any  property  may  be  insured  by  the  owner  for  large 
sums.  Enlightened  cities  now  have  ''  fire  prevention 
bureaus,"  whose  business  it  is  to  investigate  the  cause  of 
fires,  to  enforce  the  law  against  those  persons  who  are  negli- 


252  American  Citizenship 

gent  in  guarding  against  fires,  to  inspect  factories  and  tene- 
ments and  stores  with  a  view  to  ascertaining  whether  every 
precaution  is  taken.  Something  may  be  done  also  to  prevent 
the  insurance  companies  from  encouraging  merchants  to 
insure  their  property  for  more  than  it  is  worth,  for  the  prac- 
tice leads  many  to  burn  their  goods  to  get  the  money. 

The  city  streets.  —  Every  city  of  any  size  has  what  corre- 
sponds to  a  public  works  department,  charged  with  building 
and  repairing  streets,  highways,  parks,  boulevards,  sewers, 
and  bridges,  and  many  of  them  have  street  cleaning  depart- 
ments as  well.  How  important  this  work  is  it  is  needless  to 
say.  The  street,  as  some  one  has  aptly  put  it,  is  the  vestibule 
to  our  homes  ;  it  is  a  place  where  thousands  seek  amusement 
and  recreation ;  it  is  indispensable  to  traffic  and  business. 
There  are  many  things  which  the  public  works  depart- 
ment must  do  to  make  the  street  serve  all  its  various  uses 
in  a  satisfactory  manner. 

The  planning  and  care  of  streets.  —  In  the  first  place, 
streets  must  be  well  planned,  wide  enough  to  afford  proper 
air  and  light  to  the  buildings  and  homes  along  them,  and 
laid  out  in  such  directions  as  to  make  it  easy  for  vehicles 
and  pedestrians  to  go  from  one  part  of  the  city  to  another 
with  the  greatest  speed.  They  must  be  well  paved  with 
material  suitable  to  the  purposes  to  which  they  are  put  — 
heavy  stone  for  those  which  are  used  for  heavy  hauling  and 
smoother  pavement  for  those  in  the  residential  districts. 
In  building  them,  it  is  necessary  to  take  into  account  the  best 
ways  of  flushing  and  cleaning  them.  They  must  be  well 
lighted  for  convenience  and  safety,  as  dark  streets  invite 
both  crime  and  dirt.  Large  numbers  of  workmen  are  em- 
ployed in  this  department,  and  the  arrangement  of  proper 
hours,  wages,  and  conditions  of  labor  generally  is  a  serious 
matter.  It  is  clear  that  it  takes  a  person  of  intelligence 
and  distinct  qualities  to  head  a  public  works  department. 
Certainly  that  person  should  be  an  expert,  not  one   whose 


How  the  City  Government  Serves  the  Community     253 

chief  occupation  has  been  sitting  around  political  clubs 
devising  mere  party  schemes. 

Traffic  in  the  streets.  —  The  regulation  of  the  traffic  in  the 
streets  is  also  a  most  important  matter.  By  restricting 
traffic  bound  in  a  certain  direction  to  specified  streets, 
congestion  may  be  partially  avoided.  Inasmuch  as  the 
streets  are  the  playgrounds  for  children  in  densely  crowded 
areas,  it  is  a  frequent  practice  to  set  off  the  streets  in  definite 
short  blocks  for  the  use  of  the  children  during  regular  hours 
of  the  day.  Stringent  laws  are  now  being  enacted  against 
reckless  driving  in  the  streets,  and  if  a  few  more  ''  speeders," 
who  are  only  a  few  degrees  removed  from  murderers,  were 
shut  up  in  prison  instead  of  only  fined,  the  city  pedestrian 
would  find  his  life  more  secure  than  it  is  at  the  present  time. 

The  anti-noise  crusade.  —  The  citizen  needs  protection  also 
from  the  noises  in  the  streets,  and  it  is  now  quite  common  to 
prohibit  by  ordinance  the  unnecessary  blowing  of  horns  and 
whistles  and  ringing  of  bells.  Hospitals  and  institutions 
for  the  sick  may  be  specially  protected.  For  example,  a 
New  York  City  ordinance  authorizes  the  marking  of  certain 
streets  as  "  hospital  streets,"  and  any  person  who  is  "  guilty 
of  making  any  unnecessary  noise  or  a  failure  to  drive  at  a 
speed  not  faster  than  a  walk  "  on  any  of  the  streets  so  des- 
ignated is  liable  to  a  fine.  In  Cleveland,  Ohio,  the  health 
commissioner  may  establish  ''  hospital  zones  of  quiet," 
and  persons  who  violate  the  law  are  punished. 

Public  utilities.  —  Cities  of  any  size  now  have  one  or  more 
"  pubfic  utilities  "  as  they  are  called,  —  concerns  that  supply 
to  citizens  necessaries  and  conveniences  which  are  used  by 
all  —  waterworks,  electric  light  plants  for  street  and  private 
lighting,  gas  plants,  street  railways,  sewers,  and  heating 
plants.  The  money  invested  in  such  utilities  in  any  con- 
siderable citj^  is  enormous,  and  the  income  received  from 
them  is  likely  to  be  many  times  the  revenue  of  the  city  from 
taxation.     The  rates  charged,  and  the  quality  of  the  service 


254  "  American  Citizenship 

rendered  (good  water  or  bad,  weak  gas  pressure  or  poor  gas), 
are  matters  which  affect  all.  People  who  do  not  care  whether 
babies  die  by  the  thousands  (that  is,  other  people's  babies) 
from  impure  milk  supply,  do  care  if  their  electric  light  bill 
is  too  high  or  the  water  supplied  to  them  is  not  wholesome. 
There  is  likely  to  be  more  discussion,  therefore,  about  public 
utilities  than  about  health,  although  of  course  health  depends 
in  a  large  measure  upon  a  pure  water  supply  and  proper 
sewerage. 

The  franchises  granted  to  public  utility  corporations.  —  Most 
of  the  discussion  in  city  politics  about  public  utilities  centers 
around  two  questions  :  Shall  private  companies  be  allowed  to 
own  and  operate  them,  and  if  so,  on  what  terms?  Or  shall 
they  be  owned  and  operated  by  the  city  government  ?  In 
the  beginning  of  our  history  it  was  customary  to  turn  all  such 
utilities  over  to  private  companies,  and,  in  fact,  not  much 
attention  was  paid  to  the  terms  upon  which  they  were  al- 
lowed to  operate.  The  right  to  build  and  operate  a  utility — a 
street  railway,  for  instance  —  is  called  a  franchise,  and  the 
bare  right  is  itself  valuable,  for  it  usually  implies  that  the 
possessor  may  exclude  other  persons  from  competition.  Such 
a  right  may  be  sold  to  the  highest  bidder,  or  it  may  be  granted 
on  condition  that  a  fixed  sum  shall  be  paid  yearly  to  the  city, 
or  that  a  certain  percentage  of  the  earnings  shall  be  paid. 

Terms  of  franchises.  —  In  addition  to  deciding  on  the 
terms  for  the  grant  of  the  franchise  it  is  necessary  to  make 
some  very  strict  provisions  with  regard  to  the  operations  of 
the  company  under  the  franchise.  These  provisions  in  the 
newer  franchises  usually  include  the  following  elements  : 

(1)  Fixed  amount  of  capital  on  which  the  company  may 
earn  interest. 

(2)  Government  supervision  of  all  additional  capital 
expended,  to  see  that  it  is  actually  used  in  making  extensions 
and  improvements  in  the  plant. 

(3)  Rates  to  be  charged  for  services   rendered  —  that  is, 


How  the  City  Government  Serves  the  Community     255 

for  example,  price  per  thousand  feet  of  gas  or  fare  for  single 
rides  on  the  street  cars. 

(4)  Wages  and  hours  of  workmen  employed  by  the  com- 
pany. 

(5)  Public  control  of  the  street ;  repairs  of  streets  used  by 
the  company. 

(6)  Limitation  of  the  franchise  to  a  period  of  years. 
Regulation  of  utilities.  —  While   safeguarding  the  public 

rights  by  very  specific  terms  in  the  charters  granted  to 
companies,  it  is  now  customary  to  provide  for  regulation 
of  their  charges  and  services.  Several  cities  have  public 
service  commissions  to  regulate  public  utilities,  and  in  some 
states,  as  in  New  York  and  Wisconsin  (p.  235),  such  con- 
cerns are  regulated  by  state  commissions.  This  work  of 
regulation  and  supervision  requires  expert  management  on 
the  part  of  the  cities. 

Municipal  ownership  of  city  utilities.  —  More  recently 
the  notion  has  been  gaining  favor  that  the  city  should  not 
grant  these  valuable  rights  to  private  companies,  but  should 
itself  own  and  manage  some  or  all  of  its  utilities.  Munici- 
pal ownership  of  electric  light  plants  and  waterworks  es- 
pecially, is  now  quite  common,  and  a  few  cities,  San  Fran- 
cisco, for  instance,  are  experimenting  with  municipal  owner- 
ship of  street  railways.  Private  companies  seeking  valuable 
rights  from  cities  and  attempting  to  escape  regulation  have 
been  mixed  up  in  politics  a  great  deal,  and  not  a  little  of  the 
corruption  in  our  cities  has  been  due  to  these  public  utility 
corporations.  Enormous  sums  of  money  have  been  made 
also  out  of  private  ownership  of  city  franchises.  For  these 
reasons  there  is  a  growing  sentiment  on  the  part  of  the 
public  in  favor  of  municipal  ownership.  The  chief  objec- 
tion to  it  is  the  difficulty  of  management  which  such  large 
enterprises  involve,  and  it  is  clear  that  when  a  city  attempts 
municipal  ownership  it  must  be  prepared  to  undertake  a 
businesslike  administration. 


256  American  Citizenship 

Guarding  the  health  of  the  citizens.  —  We  have  spoken 
of  the  way  in  which  the  city  government  protects  the  lives 
and  property  of  its  citizens  against  criminals  and  fire.  It 
seems  reasonable  to  every  one  that  this  work  should  be  done 
by  the  city ;  but  criminals  and  fire  are  not  the  most  dangerous 
elements  with  which  the  city  dweller  has  to  contend.  Impure 
air,  impure  and  insufficient  food,  insanitary  homes,  exhaust- 
ing or  dangerous  work,  and  the  absence  of  facilities  for  rest 
and  recreation  affect  far  more  people  injuriously  than  do 
criminals  and  fire.  If  the  city  government  should  give 
attention  to  minor  matters,  should  it  not  consider  the 
greater  as  well  ?  Cities  are  rapidly  answering  this  question 
in  the  affirmative,  and  are  doing  considerable  work  in  safe- 
guarding the  life  and  health  of  their  citizens  against  the 
more  subtle  enemies  of  mankind. 

Pure  air  indoors.  —  Pure  air  is  a  matter  of  public  or  govern- 
mental interest.  A  person  cannot  breathe  pure  air  if  he  is 
compelled  to  labor  in  a  factory  where  there  are  so  many 
people  at  work  that  there  is  not  enough  air  space  for  all,  or 
if  he  is  compelled  to  live  in  a  tenement  where  the  rooms  are 
small  and  dark,  or  to  breathe  coal  smoke  from  chimneys 
or  germ-laden  dust  from  dirty  streets.  For  every  criminal 
lurking  in  a  dark  place  to  strike  down  an  unwary  pedestrian, 
a  million  disease-germs  lurk  in  every  corner,  ready  to  bring 
pain  and  suffering,  and  perhaps  death.  Progressive  cities 
are  now  controlling  the  air  supply  by  laws  providing  for  the 
proper  building  of  houses  and  tenements,  so  that  there  may 
be  a  minimum  amount  of  air  space  around  and  in  the  build- 
ings, and  a  certain  number  of  windows  according  to  the  use 
to  which  the  rooms  are  to  be  put.  The  state  government 
helps  also  by  regulating  and  inspecting  factories  (p.  233). 
In  some  instances  the  height  of  buildings  is  limited,  wdth  a 
view  to  preventing  dark  streets  and  sunless  homes. 

Pure  air  out-of-doors.  —  Many  cities  have  ordinances  for- 
bidding factories  to  send  out  great  clouds  of  coal  smokp. 


How  the  City  Government  Serves  the  Community     257 

and  ordering  the  use  of  smoke  consumers.  Steam  railroads 
are  forbidden  to  coal  their  engines  in  certain  parts  of  the  city, 
and  in  time,  no  doubt,  the  unsightly,  smoke-laden  railway 
terminal  districts  will  all  be  changed  for  the  better  by  the 
general  use  of  electric  engines  for  bringing  trains  in  and  out 
of  cities.  The  dangers  to  health  from  dirty  streets  (to  say 
nothing  of  offenses  against  the  eyes  and  nose)  are  leading 
cities  to  give  more  attention  to  street  cleaning  —  the  re- 
moval of  garbage,  ashes,  and  other  wastes  in  covered  wagons, 
the  use  of  water  to  flush  and  clean,  and  the  employment  of 
regular  forces  of  men  to  work  constantly  at  the  cleansing 
of  the  streets.  THis  also  causes  cities  to  give  more  atten- 
tion to  pavements,  for  the  smooth,  well-kept  street  is  more 
easily  and  more  cheaply  cleaned  than  the  rough  street  full  of 
holes. 

Breathing  spaces  in  the  crowded  city.  —  In  the  country, 
it  is  likely  to  be  a  person's  own  fault  if  he  does  not  get  pure 
air ;  but  in  the  cities  conditions  are  different.  A  person 
may  have  to  dwell  in  a  region  all  built  up  with  houses  and 
factories,  where  his  only  breathing  space  is  the  narrow  street 
crowded  with  people.  This  makes  it  necessary  for  the  city 
to  provide  small  parks  scattered  about  within  easy  walking 
distance  of  every  home.  These  are  far  more  essential  than 
great  show  parks,  which  are  likely  to  be  out  of  reach  of  the 
great  mass  of  the  working  population  of  the  city.  Recogni- 
tion of  this  fact  is  leading  cities  to  require  the  reservation 
of  small  parks  in  the  new  additions  which  are  laid  out,  and  to 
buy  and  destroy  houses  in  crowded  districts  so  as  to  make 
little  breathing  spaces  all  over  the  city,  —  "  lungs,"  as  they  are 
called.  The  park  commissioner  who  is  thinking  more  of 
plotting  and  beautifying  big  parks  than  of  making  breathing 
spaces  in  overcrowded  areas  is  therefore  behind  the  times, 
and  those  who  insist  on  having  such  park  commissioners 
elected  or  appointed  are  just  about  as  guilty  of  offenses 
against  their  neighbors  as  if  they  did  bodily  injury. 


258  American  Citizenship 

Pure  food.  —  The  law  has  long  provided  for  punishing 
the  person  who  deliberately  poisons  another  or  steals  from 
him ;  but  what  about  the  manufacturer  or  merchant  who 
sells  injurious  foodstuff  labelled  as  "  pure  "  or  takes  money 
from  a  purchaser  for  a  commodity  which  is  not  as  valu- 
able as  it  is  represented  to  be?  There  used  to  be  a  rule, 
"Let  the  purchaser  beware,"  —  to  the  effect  that  anyone 
was  himself  to  blame  if  he  bought  cocoa  with  brick  dust  in  it, 
thinking  it  to  be  pure,  or  if  he  was  unable  to  tell  the  difference 
between  real  silk  and  shoddy  silk  treated  with  tin  to  make 
it  stiff  and  rustling.  Of  course,  only  merchants  would  ever 
think  of  devising  such  a  rule,  and  now  that  the  consumer  is 
thinking  for  himself  he  is  demanding  that  the  government 
protect  him  from  the  dealer  who  poisons  and  cheats. 
The  health  departments  of  live  cities  inspect  food  supplies, 
and  particularly  milk,  and,  by  cooperating  with  the  state 
and  federal  governments,  which  have  pure  food  laws  also 
(p.  227),  seek  to  protect  the  citizen  against  decayed,  inju- 
rious, and  poisonous  foodstuffs. 

Control  of  milk  supply.  —  In  this  war  on  disease,  the  control 
of  the  milk  supply  takes  first  rank.  Thousands  of  babies 
die  in  our  great  cities  every  summer  on  account  of  impure 
milk,  and  health  departments  are  giving  an  increasing  amount 
of  attention  to  this  matter.  Dairies  from  which  milk  is 
supplied  are  inspected,  and  farmers  are  required  to  maintain 
certain  standards  of  cleanliness.  In  order  to  supply  good 
milk  at  a  low  price,  New  York  City  has  organized  a  large 
number  of  public  milk  stations  at  which  milk  of  a  known  high 
grade  is  sold.  Cleveland,  Ohio,  has  established  a  municipal 
dairy,  including  two  thousand  acres  of  land  and  large  herds 
of  fine  cattle,  and  is  now  supplying  tubercular  and  other 
patients  in  public  institutions  with  the  purest  of  milk. 

Municipal  markets.  —  The  city  may  help  the  consumer 
get  more  food  for  his  money  as  well  as  protect  him  against 
adulteration.     Professor  King,  of  the  University  of  Pennsyl- 


Courtesy  of  Xeii-  York  Board  of  Htallh. 

A  Municipal  Milk  Station 


(  iturhstj  iif  .V,  ir  York  Jiiiitrd  iif  HiaUh. 

Food  Inspkctiox 


How  the  City  Government  Serves  the  Community     259 

vania,  found  by  a  painstaking  investigation  that  the  increase 
in  the  price  which  the  consumer  paid  over  the  amount  re- 
ceived by  the  producer  was  from  73  to  105  per  cent  for  butter, 
from  150  to  200  per  cent  for  blackberries,  266  per  cent  for 
live  poultry,  167  per  cent  for  corn,  and  150  per  cent  for 
tomatoes.  This  increase  in  price  over  the  cost  of  production 
was  largely  due  to  the  rates  of  transportation,  market  house 
operations,  and  "  middlemen's "  profits.  The  increased 
cost  of  living  may  be  materially  reduced  by  providing  proper 
market  facilities,  where  the  consumer  and  the  producer 
may  be  brought  together,  by  reforms  in  our  transportation 
systems  and  terminals,  and  by  proper  systems  for  freight 
carriage  within  the  limits  of  the  city.  Many  cities  are  now 
trying  earnestly  to  grapple  with  the  problem  of  reducing 
the  cost  of  living  by  the  provision  of  adequate  marketing 
facilities.  The  state  of  Washington  recently  passed  a  law 
authorizing  cities  "  to  construct,  acquire,  and  operate  markets 
and  one  or  more  cold  storage  plants  for  the  sale  and  preserva- 
tion of  butter,  eggs,  meats,  fish,  fruits,  vegetables,  and  other 
perishable  provisions." 

Mwiicipal  ice  plants.  —  Not  less  important  than  safeguard- 
ing food  supplies  is  the  matter  of  securing  cheap  ice  in  the 
summer  time.  This  is  absolutely  indispensable  in  the  war 
for  the  reduction  of  infant  mortality.  Some  recent  famines 
and  monopoly  prices  have  made  this  problem  very  serious, 
and  a  few  of  the  cities  are  taking  stops  to  make  sure  of  ade- 
quate ice  supplies  by  constructing  municipal  ice  plants. 
Wisconsin  has  authorized  (1913)  all  cities  to  construct  and 
operate  ice  plants,  and  it  is  only  a  question  of  time  before 
the  supplying  of  refrigeration  in  the  city  will  be  deemed  as 
important  as  supplying  water.  In  the  contest  against  disease 
it  is  a  necessary  instrument. 

Attacking  disease  directly.  —  Our  best  city  health  depart- 
ments are  attacking  disease  directly  as  well  as  indirectly. 
They  are  looking  after  the  health  of  school  children,  examin- 


26o  American  Citizenship 

ing  their  bodies  to  discover  whether  they  are  sound,  and 
suggesting  remedies  for  ailments  discovered.  Some  of  them 
have  city  dental  rooms  where  the  teeth  of  school  children 
are  attended  to.  In  connection  with  city  hospitals  there 
are  now  visiting  nurses  who  go  into  the  homes  of  the 
poor  and  give  them  personal  instruction  in  the  best  ways  of 
recovering,  if  ill,  or  of  preventing  diseases.  Certain  cities 
have  instituted  "  clean-up  days,"  when  unsightly  and  un- 
healthful  rubbish  is  removed  and  destroyed ;  and  in  Detroit, 
Michigan,  it  was  recently  proposed  to  make  the  "  clean-up 
day  "  continuous  throughout  the  year.  Inasmuch  as  large 
numbers  of  tenements  in  great  cities  do  not  have  facilities 
for  bathing,  several  municipal  governments  are  building 
public  baths  and  swimming  pools.  It  is  perhaps  better  to 
require  tenement  owners  to  put  running  water  into  each 
apartment,  and  thus  encourage  the  installation  of  more 
private  baths. 

An  outline  of  health  work.  —  Mr.  Bru^re,  in  his  instructive 
book  on  city  government,  suggests  that  an  efficient  health 
department  in  a  well-governed  city  should  undertake  the 
following  work : 

Supervision  of  infectious  and  contagious  diseases,  including 
the  keeping  of  a  record  of  such  diseases  and  a  study  of  their 
spread. 

War  against  tuberculosis,  including  improvement  of 
living  conditions,  treatment  of  victims,  provisions  for  those 
unable  to  secure  proper  food,  and  public  education  on  the 
causes  and  spread  of  this  disease. 

Providing  that  all  newborn  babies  and  their  mothers 
have  the  proper  medical  care. 

Medical  and  dental  inspection  of  school  children  and 
treatment  of  them. 

The  preparation  of  health  exhibits  for  use  in  schools, 
churches,  and  other  public  places. 

Instruction  in  hygiene  in  the  schools. 


How  the  City  Government  Serves  the  Community     261 

Hospital  treatment  for  the  sick. 

Sanitary  control  over  food  supplies  and  all  public  places 
in  which  diseases  may  be  spread. 

The  maintenance  of  public  laboratories  for  the  study  of 
diseases  and  their  prevention. 

The  keeping  of  adequate  health  records  so  that  one  may 
know  where  his  city  stands,  as  compared  with  other  cities,  in 
the  war  against  disease. 

Housing.  —  "  The  Englishman's  home  is  his  castle,"  is 
an  old  saying ;  but  the  great  majority  of  the  citizens  of  large 
cities  cannot  call  their  homes  their  own  or  look  upon  them 
as  castles,  either.  More  than  half  of  the  people  of  our 
largest  cities  live  in  rented  tenements  or  houses,  and  they 
have  little  or  no  control  over  the  condition  of  the  places  in 
which  they  live.  For  this  reason  city  governments  are 
interfering  with  the  construction  and  management  of  rented 
homes.  Housing  laws  provide  the  way  in  which  tenements 
shall  be  built  with  a  view  to  securing  proper  air  space  and 
ventilation ;  they  declare  that  the  hallways  and  courts  of 
tenements  shall  be  kept  clean ;  and  they  arrange  for  the 
periodical  inspection  of  such  places  by  public  officers.  In 
Europe,  the  failure  of  the  laws  to  secure'  proper  homes 
for  the  poor  has  led  many  great  cities  to  tear  down  slum 
houses  and  build  and  rent  municipal  houses.  In  Germany, 
cities  own  thousands  of  houses  and  tenements  which  are 
rented  to  those  who  cannot  have  homes  of  their  own,  and  the 
city  is  thus  better  able  to  say  what  shall  be  the  condition  in 
which  this  property  is  to  be  kept. 

Play  and  rest  for  city  people.  —  Most  adults  and  many 
children  have  to  work  hard  all  of  the  time  to  make  a  living 
and,  to  keep  in  fit  condition  for  work  and  for  health  and  com- 
fort, they  must  have  rest  and  recreation.  To  meet  this  need 
all  kinds  of  private  enterprises  are  established :  saloons, 
dance  halls,  moving  picture  shows,  theaters,  museums,  and 
the  like.     Many  say  that  recreation  is  a  private  matter. 


262  American  Citizenship 

Those  who  know  most  about  the  needs  of  great  cities,  how- 
ever, say  that  it  is  not  altogether  a  private  matter ;  that  the 
city  is  interested  in  the  amusement  places  which  are  main- 
tained —  in  whether  they  are  wholesome  or  help  to  spread 
vice,  disease,  and  crime.  For  this  reason,  our  cities  are 
taking  more  and  more  care  of  the  recreation  of  their  residents. 
We  can  only  enumerate  a  few  of  the  ways  in  which  the  city 
government  can  help  provide  wholesome  recreation. 

What  the  city  can  do  to  help  provide  recreation.  —  (1)  It  may 
establish  "  recreation  centers."  Chicago,  for  example,  has 
created  a  number  of  small  parks  conveniently  distributed 
over  the  city.  In  each  of  these  parks  there  is  an  outdoor 
playground  for  all  sorts  of  games ;  and  there  is  also  in  each 
one  a  large  building  with  a  gymnasium,  swimming  pool, 
assembly  rooms,  reading  rooms,  and  resting  places.  In 
charge  of  the  recreation  there  are  competent  directors  whose 
business  it  is  to  interest  the  people  of  their  neighborhood  in 
wholesome  play  and  to  see  that  all  goes  off  well. 

(2)  The  city  may  establish  social  centers  at  the  school 
buildings ;  that  is,  have  lectures,  entertainments,  debates, 
games,  and  libraries  for  old  and  young. 

(3)  The  city  may  build  municipal  auditoriums  like  that 
in  Denver,  Colorado,  at  which  high-grade  entertainments 
are  given  at  a  nominal  charge,  or  even  free. 

(4)  Games  and  music  may  be  furnished  in  the  public 
parks. 

(5)  The  city  may  establish  and  conduct  moving  picture 
shows  of  high  character,  and  control  the  private  shows. 

(6)  The  public  schools  may  be  continued  through  the 
summer  as  vacation  schools,  at  which  recreation  may  be  com- 
bined with  some  intellectual  development. 

(7)  The  city,  sometimes  cooperating  with  private  asso- 
ciations, may  build  and  maintain  playgrounds  at  all  crowded 
centers. 

(8)  The   city  may   establish   municipal   dance  halls  and 


How  tJie  City  Government  Serves  the  Community     263 

provide  for  the  very  careful  policing  and  supervision  of 
private  halls. 

(9)  Where  the  city  is  located  near  large  bodies  of  water, 
it  may  reserve  stretches  of  beach  for  public  uses. 

(10)  The  city  may  establish  periodical  fetes,  such  as  his- 
torical pageants  and  "  a  safe  and  sane  Fourth  of  July." 

(11)  It  is  now  proposed  in  many  places  that  the  city  should 
have  a  playmaster  as  a  regular  municipal  officer,  charged 
with  the  organization  and  direction  of  recreation. 

Education  in  the  city.  —  The  public  schools  in  the  city 
are  gradually  being  made  to  do  more  to  prepare  the  students 
for  the  practical  business  of  life  and  enable  them  to  under- 
stand about  the  useful  and  proper  work  of  the  government. 
For  the  former  purpose,  our  schools  are  giving  more  atten- 
tion to  training  students  for  various  trades  and  occupations 
and  to  finding  out  how  they  may  make  the  best  of  their 
opportunities.  Thus  we  have  courses  in  science,  engineering, 
mechanics,  and  domestic  arts,  while  vocational  bureaus 
look  after  fitting  the  pupils  into  good  positions  when  they 
finish  their  work  at  school.  For  the  latter  purpose  —  en- 
abling the  students  to  understand  about  the  useful  and  proper 
work  of  the  government  —  more  attention  is  being  given  to 
the  study  of  civics,  as  the  art  of  helping  others  and  ourselves 
through  the  use  of  the  government  as  a  common  agent  of  all. 

Newer  features  of  our  schools.  —  In  addition  to  the  regular 
work  of  classroom  instruction,  our  cities  are  now  develop- 
ing several  new  features : 

Medical  inspection  and  close  supervision  of  the  health  of 
children  and  the  provision  of  the  facilities  for  the  remedy 
of  diseases. 

Open-air  schools  for  those  suffering  from  lung  trouble 
or  otherwise  debilitated. 

Vacation  schools  offering  recreation  and  instruction  to 
children  who  would  otherwise  be  playing  in  the  hot,  crowded 
streets  in  the  summer  time. 


264  American  Citizenship 

Provision  for  school  lunches  at  a  low  price  or  free  to  all 
children.  More  than  seventy  cities  now  serve  such  lunches. 
We  realize  that  it  is  useless  to  attempt  to  teach  children 
who  are  hungry. 

Cooperation  of  the  schools  in  government  work.  —  A  great 
deal  of  unnecessary  work  must  be  done  by  the  government 
simply  because  the  citizens  are  ignorant  or  will  not  cooperate. 
If  the  people  would  live  and  work  in  the  proper  way  and 
demand  proper  living  and  working  conditions,  it  would  not 
be  necessary  for  the  government  to  do  so  much  inspection 
and  prevention  work  and  pay  out  so  much  for  repairing  dam- 
ages done.  In  order  to  make  the  citizen  alert  on  questions 
of  city  government,  the  following  matters  should  be  brought 
carefully  and  impressively  to  the  attention  of  students  in 
the  schools : 

The  city  death  rate :  what  causes  it  to  be  so  high,  what 
steps  are  taken  to  reduce  it,  and  how  may  we  all  help  ? 

Fires  in  the  city  at  a  terrible  cost  of  life  and  property : 
how  we  may  help  to  reduce  the  number. 

Pure  food :  how  may  it  be  guaranteed  ? 

Crime  in  the  city :  how  far  is  it  due  to  lack  of  proper  rec- 
reational and  educational  facilities? 

Public  and  private  hygiene :  what  can  we  do  to  make  the 
city  a  cleaner  place  to  live  in  ? 

The  slums  :  is  it  necessary  that  there  should  be  such  places 
in  cities? 

The  unemployed :  what  can  the  city  do  to  help  in  hard 
times  ? 

These  and  many  kindred  matters  are  proper  subjects  to  be 
discussed  and  thought  about  in  every  city  school  in  the  whole 
country. 

The  extension  of  education  in  cities.  —  Another  striking 
development  in  our  municipalities  is  the  extension  of  educa- 
tion beyond  the  confines  of  the  schoolroom  to  citizens 
of  all  ages  and  classes.     This  is  illustrated  in  the  establish- 


How  the  City  Government  Serves  the  Community     265 

ment  of  a  public  lecture  system  like  that  built  up  in  New 
York  under  the  direction  of  Dr.  Henry  M.  Leipziger. 
According  to  this  plan  free  public  lectures  by  authorities 
in  science,  history,  economics,  civics,  and  other  fields  are 
given  at  various  centers  scattered  throughout  the  city,  and 
the  young  and  old  are  afforded  an  opportunity  to  continue 
their  pursuit  of  knowledge  indefinitely.  This  institution 
is  popularly  known  as  "  the  People's  University."  A  few 
of  our  cities,  like  New  York  and  Cincinnati,  have  municipal 
colleges  in  addition  to  the  regular  public  schools.  Nearly 
everywhere  night  schools  are  conducted  for  those  who  can- 
not attend  in  the  day  time,  and  opportunities  are  afforded 
for  business  and  technical  training.  Foreigners  are  also 
helped  to  acquire  a  knowledge  of  the  English  language. 

City  planning.  —  In  discussing  the  various  things  which  a 
city  may  do,  we  have  seen  how  many  of  them  are  closely 
connected.  Health,  for  example,  depends  upon  clean  streets, 
pure  water,  pure  air,  proper  food,  and  upon  well  laid  out 
streets  and  sanitary  houses.  It  is  because  all  of  these  things 
depend  in  a  large  measure  upon  the  "  layout  of  the  town  " 
that  many  leaders  in  city  government  are  turning  to  ''  town 
planning  " ;  that  is,  establishing  public  control  over  the 
general  plotting  and  building  up  of  the  city  with  a  view 
to  securing  easy  transportation,  wide  streets,  airy  homes, 
city  markets,  and  a  sufficient  number  of  public  parks. 
We  now  have  a  national  association  of  experts  who  meet 
annually  to  consider  this  big  problem,  and  many  cities  have 
city  planning  commissions  to  which  is  given  more  or  less 
power  in  deciding  what  streets  shall  be  laid  out  and  how, 
what  parks  shall  be  established  and  where,  and  similar  mat- 
ters. The  great  danger  in  city  planning  is  that  too  much 
attention  may  be  given  to  the  "  show  places  "  —  the  parks, 
public  buildings,  and  main  streets  —  and  too  little  attention 
to  the  back  streets  and  alleys,  where  the  vast  majority  of  the 
people  live. 


266  American  Citizenship 

Raising  the  money  to  pay  the  bills.  —  All  these  varioua 
enterprises,  which  the  city  undertakes,  cost  money,  and  the 
city  must  secure  it  from  the  citizens  by  taxing  them,  or  by 
engaging  in  the  supply  of  water,  gas,  electricity,  or  some 
other  commodity.  It  must  come  from  the  citizens,  that  is 
certain.  The  most  of  it  comes  from  direct  payment  of  taxes. 
Each  citizen's  property  is  assessed  —  that  is,  a  value  is  put 
upon  it  by  public  officers  —  and  he  is  compelled  to  pay  into 
the  city  treasury  an  amount  proportioned  to  the  value  thus 
established.  That  is,  if  a  person  owns  S5000  worth  of  prop- 
erty, and  the  rate  of  taxation  is  2  per  cent,  he  pays  $100 
into  the  treasury ;  a  person  Avith  $10,000  worth  pays  $200, 
and  so  on.  The  city  also  gets  money  from  licenses  such  as 
liquor  and  taxi-cab  licenses,  special  taxes  on  businesses  of  one 
kind  or  another,  fees  and  fines,  revenues  from  public  utilities 
such  as  waterworks  and  electric  light  plants.  If  a  person 
does  not  owti  property,  he  pays  taxes  none  the  less,  though 
he  may  not  know  it.  He  must  rent  a  place  to  live  in,  and  in 
his  rent  money  he  pays  a  part  of  the  tax  which  the  owner  of 
the  house  must  pay. 

The  "  single  tax  "  on  the  values  of  land.  —  Recently  our 
cities  have  begun  to  consider  a  new  variety  of  tax  known 
as  the  "  single  tax  "  which  is  laid  heavily  upon  the  value  of 
the  land.  For  example,  a  lot  in  the  center  of  a  city  increases 
enormously  in  value  as  the  city  grows,  no  matter  what  kind 
of  building  is  on  it.  There  are  instances  of  lots  selling  for 
a  few  dollars  when  a  city  is  small  and  for  millions  when 
the  city  has  gro\vn  to  larger  proportions.  Now  this  in- 
crease in  the  value  of  the  lot  is  not  due  to  any  work  which 
the  owner  has  done,  or  any  building  which  he  has  erected, 
but  solely  to  the  growth  of  the  city  —  the  building  of  fac- 
tories and  homes  all  about  it.  The  advocate  of  the  "  single 
tax  "  believes  in  abolishing  all  other  taxes,  and  taking  this 
increase  in  the  value  of  land  in  the  form  of  a  tax.  Many 
who  do  not  believe  in  the  single  tax  as  a  theory  approve  the. 


How  the  City  Government  Serves  the  Community     267 

idea  of  raising  more  and  more  revenues  from  taxes  on  land 
values,  and  reducing  the  taxes  on  buildings  and  improve- 
ments. It  is  held  that  the  man  who  builds  or  does  some- 
thing for  the  community  should  not  be  taxed  as  high  as  the 
man  who  merely  sits  and  watches  his  lots  increase  in  value. 

Making  the  budget.  —  The  determination  of  how  the  money 
raised  by  the  city  shall  be  spent  is  a  really  fundamental  mat- 
ter. It  is  called  "  budget  making,"  and  it  generally  falls 
into  the  following  stages  : 

The  furnishing  by  department  heads  of  the  estimates  for 
the  work  of  the  several  departments,  fire,  health,  police,  etc. 

The  tabulation  and  arrangement  of  the  several  estimates 
and  their  organization  into  a  budget  by  the  proper  authority  : 
the  board  of  estimate  and  apportionment  in  New  York  City, 
the  mayor  in  Boston,  and  in  some  cities  the  finance  committee 
of  the  council  or  commission. 

Hearings  on  the  estimates  at  which  citizens,  taxpayers, 
and  associations  may  speak  in  favor  of  or  against  certain 
specified  expenditures. 

The  final  vote  on  the  estimates  by  the  city  council  or 
commission,  turning  them  into  an  appropriation   law. 

From  the  citizens'  point  of  view  the  hearings  on  the 
budget  are  essential,  for  this  gives  them  a  chance  to  express 
their  opinions  on  proposed  expenditures  and  to  advocate 
appropriations  for  beneficent  pubhc  purposes. 

Poverty  in  the  city.  —  Owing  to  the  low  wages  paid  in  many 
industries  and  the  large  amount  of  unemployment  which 
exists,  a  very  considerable  portion  of  the  inhabitants  of 
cities  are  in  poverty.  Formerly,  the  relief  of  the  poor  was 
turned  over  to  private  charities  supplemented  by  doles 
from  the  public  funds,  but  cities  have  now  begun  to  con- 
sider seriously  what  they  may  do  to  reduce  the  number  of 
their  poverty-stricken  inhabitants. 

The  Kansas  City  Board  of  Public  Welfare.  —  Kansas  City, 
Missouri,  recentlv  established  a  Board   of  Public  Welfare 


268  American  Citizenship 

charged  with  the  duty  of  studying  the  condition  of  the  people 
of  the  city  and  providing  remedies  for  evils  of  all  kinds, 
laying  "  emphasis  on  justice  before  charity  and  on  preven- 
tion rather  than  cure."  This  board  manages  a  municipal 
pawnshop  which  has  put  the  "  loan  sharks  "  out  of  business ; 
it  conducts  a  legal  aid  bureau  to  which  the  poor  may  turn 
for  legal  aid  in  the  protection  of  their  rights ;  it  main- 
tains a  quarry  to  give  employment  for  unemployed  men ;  it 
has  helped  thousands  of  families  to  make  themselves  self- 
supporting  and  self-respecting ;  and  it  has  studied  every 
social  problem  created  by  city  life.  It  is  attempting  to  fight 
poverty  rather  than  to  relieve  its  victims.  This  is  only  one 
manifestation  of  the  growing  determination  of  cities  to  es- 
tablish decent  conditions  of  life  and  labor  v/ithin  their 
borders. 

The  new  city  program.  —  In  our  survey  of  the  work  of 
progressive  cities  we  see  that  the  matters  now  receiving  the 
earnest  attention  of  thoughtful  men  and  women  may  be  sum- 
marized as  follows : 

Control  and  regulation  of  public  utility  companies  to  pre- 
vent stock  watering,  unfair  charges,  and  poor  services. 

Provisions  for  meeting  the  grave  problems  of  unemploy- 
ment. 

Healthful  recreation  to  afford  pleasure  and  reduce  vice. 

Playgrounds  for  children. 

Breathing  spaces  in  small  parks. 

Proper  homes  for  renters. 

Taxation  of  land  values. 

Municipal  ice  supply. 

Markets  and  cost  of  the  transportation  of  food  supplies. 

Pure  food  and  inspection. 

Milk  supply  and  public  milk  stations. 

District  nursing  systems. 

Medical  inspection  of  school  children. 

Open-air  schools. 


How  the  City  Government  Serves  the  Community     269 

Vocational  training. 

Suppression  and  prevention  of  diseases. 
Adequate  hospital  services. 

Public  safety  for  pedestrians  and  working  people. 
Proper  treatment  of  prisoners. 
Juvenile  and  women's  courts. 
The  appointment  of  policewomen. 
Suppression  of  "  loan  sharks." 

Public  sanitation  and  hygiene  —  waste  disposal  and  street 
cleaning. 

Comprehensive  city  planning. 

Questions 

1.  Give  a  description  of  some  city  you  know. 

2.  What  is  a  city  survey  and  what  subjects  may  it  cover  ? 

3.  What  is  the  relation  of  a  city  survey  to  a  city  government  ? 

4.  What  problems  are  involved  in  the  policing  of  a  city  ?     What 
reforms  have  recently  been  made  in  police  work  ? 

5.  What  work  is  done  by  a  fire  prevention  bureau  ? 

6.  How  do  the  streets  of  a  city  affect  the  lives  of  the  people? 

7.  What  is  meant  by  the  public  utilities  of  a  city  ?     Name 
some  of  them  and  state  which  you  regard  as  most  important. 

8.  What   is   meant   by   municipal   ownership   and    why   is   it 
advocated  ? 

9.  In  what  way  is  pure  air  a  government  matter  ? 

10.  How  does  a  progressive  city  attack  disease  ? 

11.  What  is  the  object  of  housing  laws? 

12.  In  what  respect  is  recreation  a  public  matter  ? 

13.  What  is  town  planning  and  what  mistakes  in  it  are  often 
made? 

14.  How  does  the  city  finance  its  undertakings  ? 

15.  What  is  the  single  tax  ? 

16.  What  is  a  slum  and  what  causes  it  ?     How  far  can  the  city 
go  in  abolishing  it  ? 

Additional  Reading 

The  Police  Work  of  the  City:  Beard,  American  City  Govern- 
ment, pp.  158-189;  Bru6re,  The  New  City  Government,  pp. 
263-313. 


270  American  Citizenship 

Protecting  Public  Health  :    Beard,  pp.  261-286 ;    Bruere,  pp. 

314-334. 
Housing  Reform  :   Beard,  pp.  287-310. 
Making  the  Budget  :   Bruere,  pp.  171-204. 

The  Streets  of  the  City  :   Beard,  pp.  242-260 ;   BruSre,  233-262. 
Recreation  in  the  City  :   Beard,  pp.  334-355. 
Municipal  Ownership  of  Utilities  :   Beard,  pp.  218-241 ;    King, 

The  Regulation  of  Municipal  Utilities,  pp.  23-55. 
Regulation    of    Municipal    Utilities  :     Beard,    pp.    190-217 ; 

King,  pp.  3-22 ;   75-98 ;    185-207. 
Taxation  and  Finance  :   Beard,  pp.  129-157. 


CHAPTER   XVII 
THE    WORK    OF    RURAL    GOVERNMENT 

I.    The  interest  of  country  people  in  state  and  national  politics. 

1.  How  the  country  is  connected  with  the  city. 

2.  How  rural  regions  are  dependent  upon  one  another. 

3.  Rural  districts  are  at  the  mercy  of  great  corporations 

unless  the  government  interferes. 
II.    The  rural  survey. 

III.  The  building  and  repair  of  roads. 

IV.  Local  option  on  saloons. 
V.    Educational  activities. 

1.  The  union  of  school  districts. 

2.  New  ideas  in  educational  work. 

3.  Helping  children  choose  their  life  work. 

4.  The  education  of  adults. 

5.  The  circulating  library. 

6.  The  sehoolhouse  as  a  commimity  center. 

7.  The  importance  of  good  school  boards. 
VI.    Recreation. 

L  Play  for  village  and  country  boys  and  girls. 
VII.    Village  public  utilities. 
VIII.    The  punishment  of  crime. 

L  After  the  prisoner  has  served  his  term. 
IX.    The  care  of  the  poor. 
X.    Improving  country  districts. 

1.  The  good  example  of  the  schools. 

2.  The  use  of  the  power  over  fire  hazards  to  clean  up  villages. 

3.  The  use  of  the  health  law  to  improve  villages. 

4.  The  "clean-up  week." 

5.  The  improvement  of  farms. 

6.  Fighting  ignorance  and  poverty. 


The  interest  of  the  country  people  in  state  and  national 
politics.  —  The  people  who  dwell  in  villages,  towns,  toTynships, 

271 


272  American  Citizenship 

or  the  rural  regions  of  counties  are  apt  to  think  that  the 
affairs  of  government  affect  them  very  little  and  that  when 
the  roads  are  in  fair  shape  and  good  schools  are  in  operation, 
there  is  nothing  left  for  the  citizens  to  think  about.  This 
would  be  true  if  there  were  not  close  connections  between 
the  great  cities  and  the  country  districts ;  but  as  a  matter 
of  fact  there  is  scarcely  a  problem  that  the  city  faces  which 
does  not  in  some  way  touch  the  country. 

It  may  be  said  that  we  have  laid  altogether  too  much  stress 
on  the  differences  between  city  and  rural  problems  and  have 
separated  them  too  sharply  in  our  minds.  The  arbitrary 
boundary  line  between  town  and  country  should  be  broken 
down  and  the  problems  of  government  considered  as  a  whole 
rather  than  as  municipal  and  rural. 

How  the  country  is  connected  with  the  citij.  —  As  big  business 
corporations  in  the  cities,  dairy  companies  and  produce  and 
grain  merchants  extend  their  branches  out  into  the  country 
to  gather  in  the  milk,  eggs,  and  other  products  of  the  farm, 
the  farmer  must  take  an  increasing  interest  in  what  goes 
on  at  the  other  end  of  the  line.  As  the  great  wholesale, 
mail  order,  and  manufacturing  establishments  of  the  cities 
reach  out  to  sell  the  inhabitants  of  rural  regions  everything 
from  canned  tongue  to  automobiles,  country  people  assume 
an  increasing  responsibility  for  the  conditions  of  the  working 
people  who  produce  these  goods,  or  at  all  events  they  are 
compelled  to  think  of  the  sanitary  arrangements  of  the  fac- 
tories in  which  the  food  they  buy  is  packed  and  the  clothes 
they  wear  are  made.  And  all  this  trading  between  the 
city  and  country  means  an  enormous  freight  business,  and 
high  rates  may  add  to  the  cost  of  what  the  farmer  buj^s, 
and  cut  down  his  profits  on  the  things  he  has  to  sell. 

How  rural  regions  are  dependent  upon  one  another.  —  Not 
only  are  the  country  districts  dependent  in  many  ways  upon 
the  cities;  the  several  rural  regions  of  the  United  States 
are  linked  up  with  one  another,  as  each  tends  to  specialize 


The  Work  of  Rural  Government  273 

in  certain  kinds  of  agriculture.  For  example,  New  England 
farmers  are  to  a  great  extent  dependent  upon  the  West  for 
corn  and  wheat,  because  they  are  themselves  engaged  in 
dairy  farming  and  tobacco  raising.  The  whole  country 
rehes  largely  upon  California  and  the  Southern  states  for 
citrus  fruits.  Cane  and  beet  sugar  regions  depend  upon 
the  national  market,  and,  one  may  add,  upon  the  national 
tariff.  In  other  words,  no  country  district  is  self-sufhcing ; 
each  becomes  increasingly  involved  with  other  districts  in 
the  exchange  of  produce  of  one  kind  or  another. 

Rural  districts  are  at  the  rnercy  of  great  business  corporations 
unless  the  government  interferes.  —  So  far  as  the  government 
has  anything  to  do  with  business,  the  control  of  trusts,  the 
regulation  of  railway  rates,  the  tariff,  and  money,  the  people 
of  the  country  are  necessarily  deeply  concerned  with  national 
and  state  politics.  Even  such  simple  matters  as  railroad 
crossings  and  highways  are  not  wholly  within  rural  control. 
A  railway  company  will  pay  little  attention  to  the  complaints 
of  a  village  about  a  dangerous  crossing;  the  village  must 
look  to  the  state  for  relief.  The  village  cannot  force  a  rail- 
way to  build  a  switch  for  the  convenience  of  shippers;  it 
must  look  to  a  state  railway  commission  for  help  in  such 
matters.  The  highway  which  connects  the  farms  surround- 
ing the  village  is  no  longer  a  local  road,  but  is  very  probably 
a  part  of  a  chain  of  highways  constructed  at  state  expense, 
wholly  or  in  part.  A  large  proportion  of  the  farms  are  mort- 
gaged ;  at  some  periods  in  our  history  certain  states  have 
had  as  high  as  two-thirds  of  their  farms  mortgaged,  and  a 
considerable  portion  of  the  mortgages  are  held  in  cities. 
Thus  it  comes  about  that  the  farmers  are  deeply  affected 
by  the  monetary  system ;  particularly  are  they  anxious  to 
prevent  an  appreciation  of  the  value  of  money  or  a  de- 
preciation in  the  prices  of  farm  produce  with  which  in  the 
last  analysis  their  debts  must  be  paid  (p.  212).  For  the 
purpose  of  advancing  their  interests  the  farmers  have  often 


274  American  Citizenship 

formed  parties  and  unions  such  as  the  Populist  Party  and 
the  Grange  and  the  Farmers'  Alliance. 

The  rural  survey.  —  Country  districts  and  villages  have 
plenty  of  important  local  problems  of  their  own,  and  it  is 
time  that  they  were  making  surveys  similar  to  those  which 
are  being  undertaken  in  cities.  Such  rural  surveys  may 
very  well  include : 

(1)  A  study  of  the  amount  of  money  raised  by  taxation 
for  local  purposes  and  the  ways  in  which  it  is  disbursed,  with 
special  reference  to  economy  and  the  proper  use  of  the  public 
funds.  County  governments  are  usually  about  as  corrupt 
as  city  governments,  but  the}^  are  not  so  often  overhauled. 

(2)  A  study  of  the  roads  for  the  purpose  of  discovering 
whether  the  work  now  done  is  done  wisely  and  economically, 
whether  new  main  and  branch  lines  should  be  built,  and 
what  regions  are  not  properly  connected  with  the  towns  and 
other  districts. 

(3)  A  study  of  local  resources  with  a  view  to  finding  out 
whether  new  and  profitable  enterprises  may  not  be  es- 
tablished. 

(4)  A  study  of  illiteracy  and  the  work  of  the  schools  in 
relation  to  the  work  done  in  the  most  wide  awake  sections  of 
the  country. 

(5)  Amount  of  crime,  and  nature  and  causes  thereof. 

(6)  The  amount  of  poverty  and  the  best  methods  of  help- 
ing the  younger  generation  of  the  poverty-stricken  to  lead 
useful  lives. 

(7)  The  number  of  saloons,  amount  of  liquor  sold,  and 
effect  on  crime  and  poverty  in  the  community. 

(8)  The  foreigners  in  the  region  and  what  is  being  done  to 
make  intelligent  citizens  of  them. 

(9)  The  improvement  of  recreational  life  for  the  com- 
munity. Ways  and  means  of  bringing  the  people  together 
in  service  and  play  so  that  they  may  be  taken  out  of  the 
deadly  monotony  of  drudgery  or  loafing. 


luuricsy  oj  The  American  Lily. 

Good  and  Bad  Roaus 


The  Work  of  Rural  Government  275 

(10)  The  farms,  and  whether  enlightened  methods  are 
used  by  the  farmers  to  make  the  most  out  of  their  land. 

(11)  The  labor  of  farm  workers,  women  and  children. 

(12)  The  death  rate  and  causes  of  disease,  as  compared 
with  other  similar  communities. 

(13)  The  amount  of  waste  and  neglected  land  and  the 
state  of  the  timber  lands. 

(14)  Freight  and  passenger  rates  to  and  from  neighboring 
communities. 

By  a  study  of  these  and  kindred  questions  new  light  will 
be  poured  in  upon  the  problems  of  country  life,  and  local 
patriotism  in  favor  of  improvement  and  advance  on  all  lines 
will  be  aroused.  This  would  react  upon  the  cities,  for  a 
considerable  portion  of  the  congestion  in  the  cities  is  due  to 
the  monotony  and  drudgery  of  country  life  which  drive  the 
people  to  the  towns. 

The  building  and  repair  of  roads.  —  It  is  the  business 
of  the  township,  town,  or  county  to  look  after  roads  and 
bridges.  In  the  country,  good  roads  add  greatly  to  the 
comfort  and  intelligence  of  the  inhabitants,  for  they  can  go 
about  more  readily  and  keep  in  touch  with  new  ideas  and 
improvements.  In  many  regions,  the  roads  are  largely 
kept  up  by  farmers  who  "  work  out  "  the  road  tax  which  is 
laid  upon  them,  and  in  such  cases  their  chief  interest  is  often 
merely  in  "putting  in  the  time"  rather  than  in  constructing 
and  maintaining  good  roads.  Moreover,  not  being  expert 
surveyors  and  road  makers,  they  frequently  do  poor  jobs 
indeed.  Here  the  state  government  often  steps  in  and  pro- 
vides that,  in  case  the  local  community  will  pay  a  certain 
amount  toward  a  good  road,  the  state  will  pay  the  rest  and 
employ  experts  to  lay  out  and  build  the  road.  The  "  good 
roads  movement  "  throughout  the  country  depends  largely 
upon  the  enterprise  of  the  state.  The  state  is  also  slowly 
looking  after  dangerous  railway  crossings  and  compelling 
railway  companies  to  provide  means  for  crossing  over  or 
under  their  tracks. 


276  American  Citizenship 

Local  option  on  saloons.  —  In  a  great  many  states,  the 
township,  or  village,  or  county,  as  the  case  may  be,  is  given 
the  power  to  decide  whether  it  will  have  saloons  or  not,  — 
local  option  as  it  is  called,  —  and  is  given  the  power  also  to 
make  minor  regulations  about  the  hours  of  closing  saloons. 
This  is  an  important  matter,  and  an  ever  increasing  number 
of  villages  or  rural  regions  are  voting  saloons  out  altogether. 
Of  course,  this  does  not  stop  drinking  entirely,  but  it  is  be- 
lieved that  it  removes  temptations  from  the  young.  At  all 
events,  it  is  thought  to  work  for  the  well-being  of  the  people, 
or  it  would  not  be  so  widely  adopted.  In  several  common- 
wealths state-wide  prohibition  has  been  adopted  because  it 
is  difficult  to  stop  the  sale  of  hquor  in  one  village  if  a  neigh- 
boring village  allows  it. 

Educational  activities.  —  The  management  of  schools  is 
in  a  large  part  left  to  the  village  or  township  or  district  as 
the  case  may  be ;  but  as  we  have  seen  (p.  225)  the  state 
does  a  great  deal  to  bring  about  certain  standards  so  that 
the  most  backward  rural  region  cannot  fall  too  low  in  the 
scale.  To  the  local  community  is  given  the  task  of  elect- 
ing the  school  trustees  or  school  board  and  of  deciding  what 
kind  of  building  is  to  be  erected  and,  within  the  limits  of  the 
state  law,  the  kind  of  instruction  that  is  to  be  given.  Thus 
the  community  can  decide  whether  the  children  are  to  have 
merely  the  bare  rudiments  required  by  law  or  are  to  have 
the  advantages  of  special  training  in  high  schools,  technical 
schools,  and  schools  of  applied  arts  and  sciences.  How 
important  all  this  work  is  becomes  apparent  when  we  remem- 
ber that  more  than  one-half  of  our  people  live  on  farms  and 
in  villages  of  less  than  2500  inhabitants. 

The  union  of  school  districts.  —  The  limitations  of  the  little 
red  schoolhouse,  with  one  room  overcrowded  and  one  teacher 
overworked,  are  now  being  recognized.  It  is  a  custom  in 
several  states  to  combine  a  number  of  districts  so  that  larger 
buildings  can  be  secured,  and  several  teachers,  each  some- 


The  Work  of  Rural  Government  277 

what  a  specialist  in  some  line  of  work,  employed.  Where 
this  is  done,  wagons  are  provided  for  carrying  the  chil- 
dren to  and  from  school.  High  schools  as  well  as  graded 
schools  are  made  possible  in  this  way.  This  helps  to  make 
the  country  a  more  satisfactory  place  in  which  to  live,  for 
parents  are  not  compelled  to  leave  the  farm  or  little  village 
to  give  their  children  excellent  educational  advantages. 

New  ideas  in  educational  work.  —  Our  rural  schools  in 
advanced  communities  are  now  rivaling  those  of  the  most 
progressive  cities.  It  has  been  found  that  country  children 
suffer  from  defective  eyes,  bad  teeth,  and  other  bodily  ills 
which  handicap  them,  and  that  medical  inspection  is  just  as 
necessary  for  them  as  for  the  city  children.  We  are  begin- 
ning to  feel  that  the  old  rudiments  of  learning  —  reading, 
writing,  and  arithmetic  —  and  the  new  rudiments  of  culture 
added  in  the  high  schools  —  Latin,  literature,  botany,  and 
history  —  do  not  meet  all  of  the  demands  of  the  country 
regions.  People  are  therefore  beginning  to  ask  for  more  of 
the  applied  arts  and  sciences  which  will  make  more  skillful 
farmers,  workmen,  and  housewives,  and  in  response  to  this 
demand  courses  in  the  science  of  agriculture  and  in  domestic 
science  are  being  offered  in  the  country  schools  on  some- 
what the  same  principle  that  manual  training  and  domestic 
science  are  taught  in  city  schools.  The  idea  behind  this 
new  work  is  not  to  turn  the  boys  into  mere  farmers  and  the 
girls  into  mere  household  drudges,  but  rather  to  prepare  them 
to  do  their  work  well  so  that  they  may  have  more  leisure  for 
the  cultivation  of  the  gifts  of  mind  and  heart,  which  is  the 
chief  end  of  life. 

Helping  children  choose  their  life  work.  —  Coupled  with 
this  newer  training  is  what  is  called  vocational  guidance  which 
is  intended  to  help  the  children  and  parents  in  selecting 
occupations.  There  are  differences  of  taste  and  abilities 
among  children,  and  it  is  important  not  to  get  a  round  peg 
into  a  square  hole,  as  the  saying  goes,     Our  country  schools 


278  American  Citizenship 

are  therefore  beginning  to  consider  seriously  whether  they 
have  done  their  whole  duty  in  giving  the  children  a  set 
course  of  "  book  learning,"  without  making  any  inquiry 
into  the  work  which  the  children  will  probably  have  to  do  in 
life  or  into  the  opportunities  offered  to  them  in  the  im- 
mediate neighborhood  or  the  distant  city. 

The  education  of  adults.  —  The  idea  that  the  country  school 
may  be  used  for  the  education  of  adults  as  well  as  children 
—  the  idea  which  has  led  to  extension  lectures  and  social 
center  work  in  cities  (p.  263)  —  is  now  finding  its  way 
into  rural  communities.  State  universities  in  the  West 
are  doing  a  great  deal  to  bring  this  about.  They  send  out 
lecturers  on  agricultural  problems,  domestic  science,  health, 
village  improvement,  and  kindred  matters,  as  well  as  lit- 
erature and  social  science ;  and  extension  courses  are  given 
in  rural  schools.  In  a  few  states,  provisions  are  made  by  law 
for  the  organization  of  voluntary  farmers'  associations  in 
the  counties  for  the  purpose  of  arranging  with  the  state 
university  or  agricultural  college  for  systematic  instruction 
in  all  manner  of  farm  problems.  By  this  method,  the  best 
that  is  being  done  at  the  higher  institutions  of  learning  may 
be  made  more  or  less  available  to  the  people  of  the  most 
distant  farming  region.  If  a  community  sits  in  darkness  to- 
day, except  in  the  most  inaccessible  mountain  regions,  it  is 
in  a  large  measure  its  own  fault. 

The  circulating  library.  —  The  circulation  of  good  litera- 
ture helps  the  rural  community  in  a  quiet  way,  and  the 
schools  may  encourage  this.  When  the  communitj^  cannot 
afford  to  have  a  library  of  its  own,  the  school  library  may  be 
used  for  general  purposes.  Several  states  recognizing  the 
need  in  rural  regions  for  good  books  have  provided  ''  cir- 
culating libraries  "  put  up  in  boxes  to  be  sent  on  application 
to  towns  and  villages  and  country  schools.  These  boxes 
contain  selected  literature  —  fiction,  history,  biography, 
science,   applied   science,   agriculture,    and   art  —  and  they 


The  Work  of  Rural  Government  279 

are  kept  circulating  about  the  state  from  community  to 
community  as  they  are  demanded.  Where  the  village  has  a 
library  of  its  own,  the  managers  may  stimulate  interest  in 
the  latest  and  best  books  by  lectures,  entertainments^  and 
debates. 

The  schoolhouse  as  a  community  center.  —  In  fact,  there  is 
now  a  strong  movement  in  favor  of  using  the  country  and 
village  school  building  as  a  center  for  all  kinds  of  public 
activities.  In  some  communities  it  is  used  for  polling  places 
at  elections  and  for  political  meetings.  There  has  been  some 
objection  to  political  meetings  on  the  ground  that  party  feel- 
ing may  lead  to  quarrels ;  but  those  who  favor  using  the 
schools  for  this  purpose  reply  that  if  one  of  the  purposes 
of  education  is  to  train  men  and  women  in  citizenship,  there 
ought  to  be  no  objection  to  the  discussion  of  the  issues  of 
polities  in  the  schoolhouses.  Furthermore,  all  political  par- 
ties are  given  equal  rights,  so  that  there  need  be  no  charges 
of  favoritism.  Ohio  recently  invented  the  slogan  "  a  light 
in  every  schoolhouse/'  which  expresses  the  hope  that  the 
schoolhouse  in  rural  regions  may  become  a  social  center  like 
the  city  schoolhouse. 

The  importance  of  good  school  boards.  —  When  we  think  of 
all  the  good  work  which  the  village  and  rural  schools  can 
do,  and  often  achieve,  we  realize  how  important  is  the  selec- 
tion of  the  county  superintendent  of  education,  the  school 
boards,  and  district  school  supervisors.  We  see  also  how 
important  it  is  that  the  officers  and  teachers  of  the  schools 
should  be  well  paid  so  that  those  who  think  of  becoming  teach- 
ers can  afford  to  give  the  proper  time  and  attention  to  their 
preparatory  training,  and  so  that  quick  and  intelligent  men 
and  women  may  find  the  teacher's  career  at  least  fairly 
remunerative. 

Recreation  for  country  people.  —  There  is  as  much  need 
for  decent  and  healthfiil  recreation  in  the  country  and  small 
villages  as  in  the  cities.     "All  work  and  no  play  makes  Jack  a 


28o  American  Citizenship 

dull  boy,"  is  an  old  adage ;  and  it  may  be  added  that  all  work 
and  no  play  makes  men  and  women  dull  too.  In  thousands 
of  villages  and  country  regions  there  are  now  no  common 
meeting  places  except  the  corner  stores,  the  streets,  or  the 
saloons.  The  churches  are  open  only  on  Sunday  and  the 
schools  are  closed  at  night  and  most  of  the  summer  months. 
The  saloon  is  the  one  place  where  the  men  can  sit  down  and 
laugh  and  talk  or  play  games,  and  the  women  and  girls  have 
only  the  streets.  To  meet  this  very  grave  evil,  enterprising 
school  boards  are  using  the  schools  as  recreation  centers. 
They  are  providing  rooms  for  games  and  dancing,  halls  for 
meetings,  entertainments,  lectures  and  debates,  gymnasiums 
open  all  the  year  round  for  boys  and  girls.  A  new  county 
high  school  in  a  stirring  Western  community  has  a  large 
auditorium,  a  kitchen  and  dining  hall,  a  gymnasium  and 
swimming  pool,  a  workshop,  and  several  small  rooms  for 
reading  and  for  games. 

Play  for  village  and  country  hoys  and  girls.  —  The  whole 
problem  of  recreation  for  the  young  boys  and  girls  in  villages 
and  country  regions  is  almost,  if  not  quite,  as  serious  as  in  the 
cities.  Gangs  of  "  tough  "  boys  develop  in  the  village,  and 
girls  go  wrong  there  just  as  in  cities.  The  play  of  boys  and 
girls  needs  to  be  looked  after  by  experts  quite  as  much  as 
their  education.  This  can  be  done  in  connection  with  the 
schools  by  the  employment  of  regular  directors  who  plan  and 
organize  the  games  and  supervise  the  various  activities  in 
such  a  way  as  to  prevent  rowdyism  and  stimulate  honor- 
able competition.  Of  course  it  is  not  meant  that  all  should 
engage  in  athletic  contests,  for  those  having  a  talent  for 
music  may  be  organized  into  a  special  club ;  others  with 
more  studious  inclinations  may  be  formed  into  dramatic 
and  debating  societies;  those  of  a  practical  turn  of  mind 
may  be  grouped  into  "  corn  clubs  "  or  ''  applied  science 
clubs."  Thus  the  intellectual  life  of  the  young  may  be 
stimulated    immensely.     When    neighboring    villages    have 


The  Work  of  Rural  Government  281 

organized  their  play,  inter-village  contests  may  be  held, 
encouraging  the  spirit  of  friendly  emulation  and  adding 
diversion  to  the  life  of  the  young  people. 

Village  public  utilities.  —  Villages  of  fifteen  hundred  or 
more  inhabitants  have  some  of  the  public  utility  problems 
(p.  253)  of  the  largo  city,  if  only  in  miniature.  They  must 
provide  for  lighting  their  streets  at  night,  and  if  they  are 
spirited  enough,  they  will  have  public  water  works  and 
sewers.  If  the  village  undertakes  to  own  and  manage  its 
own  plants,  the  voters  must  be  alert  to  see  that  the  town 
officers  charged  Avith  looking  after  these  affairs  do  their 
work  well.  If  the  village  engages  private  companies  to 
build  and  manage  the  plants,  the  voters  must  be  watchful  to 
see  that  the  right  terms  are  made  in  the  first  place  and  that 
exorbitant  rates  are  not  allowed.  In  those  states  which 
have  public  service  commissions  (see  p.  234),  the  village  may 
rely  upon  the  commission  to  secure  proper  rates  and  services 
from  its  public  utilities. 

The  punishment  of  crime.  —  Villages  and  counties  have 
some  of  the  problems  of  crime  and  poverty  to  deal  with, 
although  not  on  as  large  a  scale  as  the  cities.  Officers  must 
be  elected  to  punish  those  who  break  the  laws,  and  jails 
must  be  provided  for  those  who  are  sent  to  prison.  Far 
too  many  of  our  country  jails  are  not  fit  for  human  habita- 
tion, and  inasmuch  as  those  who  are  sent  to  local  jails  are 
usually  sent  for  only  a  short  time  and  then  set  free  again, 
the  community  for  self-protection  —  if  for  no  higher  motive 
—  cannot  afford  to  let  the  jails  be  dirty  and  insanitary. 
Whether  prisoners  turn  out  well  or  badly  when  their  service 
is  over  depends  not  a  little  upon  the  character  of  the  sheriff 
or  constable  or  local  officer  in  charge  of  the  jails,  so  that  the 
selection  of  these  officers  is  an  important  matter.  Many 
of  our  villages  and  counties  may  learn  a  great  deal  from  the 
newer  practices  of  city  courts  in  criminal  cases  (p.  250). 

After  the  prisoner  has  served  his  term.  —  A  prisoner  who  is 


282  American  Citizenship 

turned  out  of  jail  at  the  end  of  his  term  penniless  and  per- 
haps far  from  his  home  is  very  likely  to  steal  or  commit 
some  trespass  before  he  settles  down,  and  thus  get  back  into 
jail  within  a  short  time.  The  necessity  of  looking  beyond 
the  term  of  the  jail  sentence  to  the  problem  of  setting  the 
offender  on  the  right  path  is  just  as  imperative  in  the  country 
as  in  cities.  It  is  even  more  important  in  a  way,  for  in  the 
cities  criminals  naturally  gravitate  to  certain  centers,  while 
in  the  country  those  who  have  been  to  jail  hang  around  the 
village  street  corners  and  associate  with  the  young  and 
innocent. 

The  care  of  the  poor.  —  While  the  state  helps  by  main- 
taining state  institutions  for  the  insane,  deaf,  dumb,  blind, 
and  other  diseased  and  helpless  poor,  much  of  the  support  of 
the  poverty  stricken  who  cannot  take  care  of  themselves  or 
have  no  one  upon  whom  they  can  depend  for  help  falls  upon 
the  local  government  —  the  town,  the  township,  and  the 
county.  The  local  officers  are  sometimes  empow^ered  to  give 
outdoor  relief ;  that  is,  furnish  money  or  goods  to  the  poor. 
The  county  generally  has  its  poor  farm,  which  is  too  often  a 
wretched  place  where  contractors  and  keepers  make  money 
furnishing  the  inmates  bad  food  and  lodging.  It  is  import- 
ant that  the  community  should  do  all  it  can  to  help  the  un- 
fortunate to  support  themselves  in  a  respectable  manner, 
and  particularly  to  help  their  children  out  of  the  slough  of 
despond.  Those  who  are  incapable  of  looking  after  them- 
selves should  be  provided  reasonable  comfort.  It  is  neces- 
sary, therefore,  that  rural  communities  should  not  neglect  in 
any  way  the  proper  care  of  the  poor ;  but  it  is  far  more 
essential  that  all  communities,  the  states,  and  the  nation, 
should  address  themselves  to  the  great  task  remaining  before 
them  of  preventing  undeserved  poverty  (p.  229). 

Improving  country  districts.  —  Although  state  laws  about 
housing  conditions  do  not  usually  apply  in  villages,  and 
village  authorities  have  no  power  to  order  the  improvement 


The  Work  of  Rural  Government  283 

of  local  property,  there  is  no  reason  why  many  of  our  country 
towns  should  be  so  hideous  to  look  at  and  demoralizing  to 
live  in.  The  American  likes  to  think  of  his  home,  if  he 
owns  one,  as  his  castle,  and  to  think  that  it  is  his  own  business 
if  it  is  insanitary,  unpainted,  weatherbeaten,  and  if  his 
yards,  front  and  back,  are  full  of  weeds  and  rubbish.  It 
seems  like  an  almost  hopeless  task  to  bring  our  villages 
into  artistic  and  sanitary  condition  —  delightful  to  the  eye 
and  pleasing  to  the  moral  sense ;  but  beginnings  have  been 
made. 

The  good  example  of  the  schools.  —  In  the  first  place,  the 
idea  of  improving  and  cleaning  up  unsightly  villages  may 
well  begin  at  the  schools.  Teachers  can  help  by  emphasizing 
the  value  of  personal  cleanliness,  and  the  art  of  taking 
care  of  the  body  and  cleaning  the  teeth  is  becoming  one  of 
the  things  taught  in  country  as  well  as  city  schools.  Per- 
sonal cleanliness  leads  to  a  desire  to  improve  surrounding 
conditions.  Boys  and  girls  who  would  be  comely  and  clean 
in  body  will  not  long  be  patient  with  dirty  yards  and  homes. 
The  school  buildings  and  grounds  can  be  improved  so  that 
they  look  like  shining  temples  set  on  a  hill,  and  they  will  be 
good  examples  to  the  people  who  dwell  around  them.  The 
school  may,  therefore,  be  the  center  of  public  sentiment  in 
favor  of  more  art  in  life,  and  when  public  sentiment  is 
awakened,  a  way  will  be  found  to  improve  the  villages. 

The  use  of  the  power  over  fire  hazards  to  clean  up  villages.  — 
Then  there  are  other  ways  of  getting  at  the  problem.  Even 
the  stoutest  individualist  wdll  admit  that  he  has  no  right  to 
act  in  such  a  way  as  to  endanger  the  life  and  property  of  his 
neighbor.  Almost  every  country  village  has  a  collection  of 
unsightly  wooden  shacks  used  for  livery  barns  and  store- 
houses which  are  a  constant  danger  as  fire  menaces.  Sev- 
eral states  now  have  "fire  laws"  enforced  by  a  state  fire 
marshal  and  local  officers.  It  is  possible  under  these  laws 
to  order  the  destruction  of  such  dangerous  buildings,  or  at 


284  American  Citizenship 

least  their  repair,  so  as  to  reduce  the  fire  hazard.  Thus  by 
an  indirect  method  local  improvements  may  be  brought 
about. 

The  use  of  the  health  law  to  improve  villages.  —  Then  there 
is  the  health  law.  Nearly  every  village  has  a  local  health 
officer  whose  business  it  is  to  prevent  the  existence  of  in- 
sanitary conditions  within  his  jurisdiction.  He  can  order 
weeds  cut  and  yards  cleaned  up  and  drainage  improved ;  but 
he  is  usually  a  neighbor  of  the  offenders  in  these  matters, 
and  hesitates  to  make  enemies  of  them.  It  is  a  good  thing 
to  have  the  state  officers  look  in  upon  villages  occasionally 
and  force  the  local  officer  to  act.  Fair  and  just  enforcement 
of  the  health  laws  would  remove  many  an  eyesore  from  our 
villages. 

The  "  clean-up  week."  —  There  has  recently  been  invented 
a  new  institution  known  as  "  clean-up  week."  The  village 
or  town  officers,  or  a  committee  of  public  spirited  men  and 
women  may  begin  it.  It  is  a  voluntary  affair,  but  that 
does  not  make  it  less  effective.  The  local  officers  may  start 
by  putting  the  streets  and  sidewalks  and  public  squares  into 
proper  shape,  and  this  invites  the  cooperation  of  private 
citizens.  During  a  clean-up  week,  the  town  or  the  com- 
mittee of  citizens  furnishes  wagons  which  go  about  from 
house  to  house  collecting  all  of  the  rubbish  and  hauling  it 
away  to  be  burnt ;  front  and  back  yards  are  cleaned,  weeds 
are  cut,  and  flowers  are  set  out.  Sometimes  prizes  are  given 
for  the  best  yards,  and  seeds  and  bulbs  are  distributed  by 
the  committee  on  public  improvement.  There  are  many 
instances  of  little  towns  and  villages  being  absolutely  trans- 
formed under  the  stimulus  of  clean-up  weeks.  Self-respect 
once  awakened  is  likely  not  to  disappear  altogether. 

The  improvement  of  farms.  —  Tumble-down  farm  build- 
ings and  slovenly,  neglected  farms  present  a  more  difficult 
problem.  There  is  no  way  of  compelling  a  farmer  to  put  his 
property  into  trim  shape,  and  farmers,  like  other  people, 


The  Work  of  Rural  Government  285 

are  naturally  quick  to  resent  any  interference  with  their 
ways.  Some  states  force  them  to  cut  the  weeds  along  the  roads 
which  run  past  their  property  and  to  keep  their  fences  in 
such  shape  as  to  prevent  their  stock  from  getting  out.  Where 
the  farmer  supplies  milk  to  a  neighboring  city  or  village,  the 
dairy  inspector  has  the  right  to  order  him  to  fix  up  his  barns 
and  clean  up  his  stables  so  that  the  milk  which  he  sells  may 
not  be  dirty  or  impure.  The  death  rate  among  farmers' 
children  could  be  materially  reduced  by  the  proper  super- 
vision of  the  ways  of  handling  the  milk,  or  better,  by  educat- 
ing men  and  women  in  the  country  in  the  science  and  art  of 
healthful  living  and  working. 

Fighting  ignorance  and  ^poverty.  —  The  best  way  to  improve 
backward  country  districts  is  to  fight  the  chief  causes  of  their 
backwardness  —  ignorance  and  poverty.  These  two  causes 
run  closely  together.  The  poor  man  is  handicapped  in  his 
struggle  for  education  and  the  ignorant  man  who  does  not 
know  how  to  make  the  best  of  his  opportunities  is  likely 
to  remain  poor.  The  more  fortunate  communities  must 
help  the  backward  communities  by  extending  to  them  educa- 
tional facilities,  and  they  should  at  least  give  the  children 
opportunities  to  find  out  better  ways  of  living  and  working. 
Through  the  granges  and  other  farmers'  societies,  the  more 
progressive  farmers  may  help  their  less  fortunate  neighbors 
to  help  themselves.  The  federal  government  is  now  study- 
ing the  problem  of  ''  agricultural  credit  "  with  a  view  to 
lending  farmers  money  at  a  low  rate  of  interest  so  that  they 
may  be  encouraged  to  improve  their  farms  and  their  modes 
of  living. 

Questions 

1.  What  interest  should  country  people  have  in  city  conditions 
and  affairs  ? 

2.  What  interest  should  city  people  have  in  country  conditions 
and  affairs  ? 


286  American  Citizenship 

3.  What    interest    should    country    people    have    in     state 
government  ? 

4.  What  interest  should  country  people  have  in  the  national 
government  ? 

5.  What  things  should  a  rural  survey  include  ? 

6.  What  is  local  option  ? 

7.  What  are  the  advantages  of  combining  school  districts  in 
the  country  ? 

8.  What  are  some  of  the  new  ideas  in  educational  work  in  the 
country  ? 

9.  Describe  some  possibilities  of   the  rural  schoolhouse  as  a 
social  center. 

10.  Why  does  recreation  need  to  be  organized  to  some  extent  in 
villages  ? 

11.  What  are  the  public  utilities  of  a  village  ? 

12.  What  is  the  value  of  improving  the  outward  appearance  of 
villages,  and  how  may  it  be  done  ? 

13.  What  are  the  main  causes  of  the  backward  conditions  of 
rural  communities  ? 

14.  What  are  the  advantages  to  a  community  of  good  roads  ? 

15.  How  can  the  rural  voter  help  to  improve  his  community  ? 


Additional  Reading 

Rural   Social    Responsibility  :     Ward,    The   Social   Center,   pp. 

302-323 ;    Gillette,  Constructive  Rural  Sociology,  pp.  47-56. 
Advantages  and  Disadvantages  of  Rural  Life  :    Gillette,  pp. 

57-76. 
Improvement   of   Rural   Production   and   Business  :     Gillette, 

pp.  77-109. 
Improvement  IN  Means  op  Communication  and  Transportation  : 

Gillette,  pp.  110-122. 
Rural  Health  and  Sanitation  :    Gillette,  pp.  147-167. 
Making  Farm  Life  Attractive  :    Gillette,  pp.  168-183. 
The  Socialization  of  Country  Life  :    Gillette,  pp.  184-263. 
Rural  Charity  and  Correction  :   Gillette,  pp.  264-279. 
Rural  Social  Surveys  :    Gillette,  pp.  281-292. 


CHAPTER  XVIII 
THE    GOVERNMENT   AND    PUBLIC    OPINION 

I.    How  the  government  directly  afifects  public  opinion. 

1.  Citizens'  associations  and  government  officers. 

2.  The  budget  exhibit  in  cities. 

3.  Government  reports  to  the  citizens. 

4.  Complaint  bureaus. 

5.  The  school  as  a  molder  of  public  opinion. 

6.  Civics  in  the  schools  and  public  opinion. 

7.  How  private  societies  teach  the  government  officers. 

8.  The  public  library  and  public  opinion. 

9.  The  education  of  citizens  in  campaigns. 

II.    Private  agencies  which  create  public  sentiment. 

1.  Public  opinion  made  up  of  individual  opinions. 

2.  Telling  the  truth  in  newspapers. 

3.  Newspapers  influenced  by  their  advertising. 

4.  Associations  which  help  to  educate  the  public. 

5.  "Manufacturing"  public  opinion. 

6.  Woman's  part  in  government. 

7.  Churches  as  civic  centers. 


How  the  government  directly  affects  public  opinion.  —  The 

kind  of  work  the  government  undertakes  and  the  way  in 
which  it  does  its  work  depend,  in  the  ordinary  course  of 
events,  almost  entirely  upon  public  opinion ;  that  is,  upon 
what  the  people  think  about  political  matters.  If  they  do 
not  think  at  all  about  public  affairs,  the  taxes  are  likely 
to  be  wasted,  the  streets  dirty,  the  roads  unimproved,  the 
gas  poor  in  qu^ality,  the  schoolhouse  badly  ventilated  and 
lighted.  If  they  do  think  about  matters  of  common 
interest  and  join  with  their  neighbors   in   using   the  ballot 

287 


288  American  Citizenship 

wisely  and  in  bringing  pressure  to  bear  upon  public  author- 
ities they  may  help  immensely  in  improving  the  world  in 
which  they  live. 

Citizens'  associations  and  government  officers.  —  There  was 
a  time  when  it  was  thought  that  the  citizen's  duty  ended 
when  he  cast  his  vote  at  the  election,  and  eighteenth  century 
statesmen  resented  the  formation  of  clubs  to  influence 
public  opinion  as  a  meddlesome  interference  on  the  part 
of  private  persons.  In  our  day  all  this  has  changed.  At 
the  present  time  the  citizens,  through  special  associations 
for  child  labor  legislation,  purification  of  milk  supply,  munici- 
pal improvements,  prevention  of  waste  in  taxes,  reform 
of  police  administration,  and  innumerable  other  purposes 
stir  up  sentiment  about  particular  matters,  invite  the  at- 
tention of  public  officers  to  desirable  reforms,  and  cooper- 
ate with  the  public  authorities  in  carrying  out  good  work 
for  the  general  w^elfare.  In  many  city  and  state  govern- 
ments, the  officials  welcome  the  cooperation  of  voters  where 
it  is  not  merely  captious  but  genuinely  helpful.  At  all 
events,  officers  cannot  ignore  the  demands  of  large  societies 
of  private  citizens,  for  often  those  societies  employ  experts 
who  know  as  much  or  more  about  government  than  the  public 
officers  themselves.  Thus  it  has  come  about  that  what  the 
citizen  does  and  thinks  between  elections  is  as  important  as 
what  he  does  at  elections.  Government  is  a  continuous 
affair,  not  a  periodical  spasm,  and  the  citizens'  interest  and 
watchfulness  must  be  continuous. 

The  budget  exhibit  in  cities.  —  City  governments  are 
recognizing  this  vital  truth  in  many  ways.  One  of  the  most 
striking  has  been  the  introduction  of  the  budget  exhibit 
designed  to  show  in  a  picturesque  manner  the  amount  of 
money  raised  by  taxation  and  the  various  purposes  to  which 
it  is  put.  Charts,  placards,  photographs,  models,  and  plans 
represent  in  a  graphic  form  how  much  money  goes  for 
education,  health  work,  police,  and  other  branches  of  govern- 


The  Government  and  Public  Opinion  289 

ment,  and  also  what  kinds  of  work  the  several  departments 
do.  At  such  an  exhibit  departments  asking  for  a  larger 
appropriation  show  in  what  way  they  would  spend  the 
increase.  Wherever  a  city  establishes  a  budget  exhibit, 
thousands  of  citizens,  including  school  children,  visit  it,  and 
thus  come  to  take  a  more  active  interest  in  the  affairs  of  the 
city  government.  In  some  cities,  city  planning  exhibits 
and  exhibits  illustrating  other  branches  of  civic  work  are 
held  to  enlist  the  interest  of  citizens  and  enlighten  them 
on  affairs  of  high   importance. 

Government  reports  to  the  citizens.  —  For  the  benefit  of  the 
public  it  has  long  been  customary  for  government  officers 
to  issue  reports  showing  the  work  of  the  chief  departments. 
Too  often  these  reports  are  dry  and  stupid  documents  con- 
taining tables  of  figures  and  ill-digested  facts.  Gradually 
the  possible  educative  feature  of  such  reports  is  being  recog- 
nized, and  not  long  ago  the  mayor  of  Cincinnati  selected  an 
editor  of  city  documents  whom  he  instructed  to  make  the 
official  reports  both  intelligible  and  interesting.  Quite  a 
number  of  cities  now  publish  periodical  journals  containing 
information  of  a  practical  character  about  the  conduct  of 
city  affairs.  In  1913  New  York  City  began  the  publication 
of  an  annual  Yearbook  describing  the  several  branches  of 
the  government  of  the  city,  the  powers  and  duties  of  each, 
and  explaining  what  departments  are  responsible  for  particu- 
lar tasks.  In  some  cities,  the  finance  department  issues  a 
little  book  showing  how  much  money  is  collected  in  taxes 
and  for  what  purposes  it  is  spent.  Gradually  public  officers 
are  realizing  that  it  is  desirable  to  keep  the  public  in  touch 
with  all  phases  of  municipal  government. 

Coni'plaint  bureaus.  —  In  order  to  bring  the  government 
into  contact  with  private  citizens,  it  is  a  growing  custom  to 
invite  public  officials  to  speak  at  mass  meetings  and  explain 
their  policies  and  answer  questions  concerning  their  conduct 
of  public  business.     Some  cities  have  organized  a  "  complaint 


290  American  Citizenship 

bureau  "  at  which  any  citizen  who  has  a  grievance  against 
the  city  administration  may  lodge  a  complaint  and  obtain 
a  hearing.  Through  this  bureau  city  officers  learn  about 
many  cases  of  neglect  and  wrongdoing  which  would  have 
otherwise  never  come  to  their  notice.  If  a  gas  main  leaks, 
the  water  pressure  is  too  low,  the  pavements  are  neglected, 
and  ash  cans  are  not  emptied,  the  citizen  can  reach  the  proper 
authority  by  telephone. 

The  school  as  a  molder  of  public  opinion.  —  The  schools 
are  becoming  more  and  more  centers  of  information  on  affairs 
of  government.  Maps  of  the  city,  township,  and  county 
now  find  their  place  among  the  maps  of  Greece  and  Rome. 
Students  are  encouraged  to  make  surveys  of  their  immediate 
neighborhood,  often  with  a  view  of  reporting  to  public  authori- 
ties about  conditions  which  need  remedying.  City  reports 
and  documents  and  papers  begin  to  appear  on  the  shelves 
beside  the  textbooks  on  history  and  science.  A  knowledge 
of  the  government  as  an  active  concern  from  day  to  day  is 
being  spread  among  the  people  through  a  thousand  channels. 

Civics  in  the  schools  and  public  opinion.  —  In  fact,  the 
schools  may  become  real  centers  for  the  formation  of  public 
opinion  on  governmental  affairs.  The  regular  instruction 
in  civics  is  now  being  supplemented  by  talks  by  local  officers, 
county  judges,  mayors,  street  commissioners,  aldermen, 
and  other  public  servants,  who  explain  the  nature  and  duties 
of  their  respective  offices.  They  do  this  not  merely  to  satisfy 
the  curiosity  of  the  pupils,  but  to  educate  them  and  to  interest 
them  in  municipal  matters  which  affect  them  as  present 
citizens  and  future  voters.  In  some  cities,  students  are  given 
problems  of  government  to  work  out,  such  as  :  Which  streets 
are  kept  clean  and  which  are  neglected?  Who  is  respon- 
sible for  broken  pavements?  Where  are  street  lights  out 
which  should  be  burning?  Can  the  chemistry  department 
of  the  high  school  find  out  whether  the  city  water  is  pure  or 
the  milk  furnished  by  the  local  dairymen  up  to  the  standard  ? 


The  Government  and  Public  Opinion  291 

The  schoolhouse  should  have  over  the  door  that  new  slogan, 
"  Good  citizenship  first,"  and  the  prime  requisite  for  good 
citizenship  is  knowledge  of  and  interest  in  affairs  of  govern- 
ment. Good  citizenship,  like  charity,  may  very  well  begin 
at  home. 

How  private  societies  teach  the  government  officers.  —  Public 
authorities  are  constantly  learning  from  private  associations. 
The  chairman  of  a  labor  legislation  committee  will  be  invited 
to  help  in  the  drafting  of  a  labor  law.  A  useful  undertaking 
by  a  private  organization  is  sometimes  taken  over  bodily  by 
the  public  authorities.  For  example,  a  few  years  ago  a 
private  society  was  founded  in  New  York  City  to  supply 
pure  milk  at  a  reasonable  price  from  several  stations  scattered 
throughout  the  poorer  districts.  This  work  was  found  to  be 
so  excellent,  that  the  city  government  assumed  the  man- 
agement of  the  stations  and  provided  the  funds  from  the 
public  treasury. 

The  public  library  and  public  opinion.  —  Public  libraries 
are  agencies  for  bringing  the  government  and  the  people 
together.  A  few  cities,  Chicago,  for  instance,  have  estab- 
lished civic  reading  rooms  in  which  are  placed  reports  and 
documents  containing  information  on  the  work  of  the  city 
government  and  books  dealing  with  problems  which  af- 
fect the  citizen.  In  some  cities,  lectures  are  given  in  the 
library  building  by  city  officers  and  experts  in  municipal 
affairs ;  auditors  are  permitted  to  ask  questions ;  and  lists 
of  books  and  pamphlets  are  distributed  for  the  purpose  of 
encouraging  citizens  to  study  more  carefully  the  work  of  the 
government. 

The  education  of  citizens  in  campaigns.  —  Finally  the  polit- 
ical campaigns  are,  or  may  be,  employed  to  educate  citizens 
on  questions  of  public  policy.  Of  course,  there  are  campaigns 
and  campaigns.  The  old  notion  of  a  campaign  was  a  sort 
of  general  debauch  in  which  speakers  villified  one  another, 
lies    and    false   rumors    about    candidates   were   circulated, 


292  American  Citizenship 

liquor  was  served  free  and  in  large  quantities,  brass  bands 
were  employed  to  arouse  indifferent  voters,  monster  parades 
and  torchlight  processions  were  organized  to  capture  the 
fancy  of  the  childish,  and  in  short  everything  was  done  to 
confuse  the  citizens  and  leave  the  issues  in  a  muddle.  There 
is  plenty  of  that  sort  of  thing  now;  but  undoubtedly  it  is 
rapidly  declining  in  favor,  and  it  will  disappear  when  we  have 
an  educated  citizenship.  The  newer  type  of  campaign  is  one 
of  education,  in  which  issues  and  practical  questions  are 
discussed  and  candidates  are  expected  to  tell  what  they  will 
do  if  elected  rather  than  to  recite  the  villainies  of  their 
opponents.  It  all  depends  upon  the  voters.  If  they  prefer 
scandal  to  a  reasonable  consideration  of  the  matters  of  govern- 
ment which  influence  their  lives  and  work  so  deeply,  cam- 
paigns of  noise  will  hold  the  field ;  but  if  they  are  alert,  in- 
telligent, and  interested  in  real  government  rather  than  in 
sham  political  warfare,  they  will  demand  that  the  campaign 
be  confined  to  an  honest  consideration  of  what  the  govern- 
ment ought  to  do  and  how  it  may  do  what  it  undertakes. 

Private  agencies  which  create  public  sentiment.  —  So  far 
we  have  spoken  principally  of  the  official  agencies  for  creat- 
ing public  sentiment  on  civic  matters.  Most  of  the  views 
which  we  have  about  government,  however,  are  not  derived 
from  hearing  public  officers  speak  or  from  reading  official 
reports  on  the  work  of  the  government.  On  the  contrary, 
our  views  are  derived  from  countless  sources  unconnected 
with  public  institutions :  from  our  associations  at  school, 
at  work,  at  social  affairs  of  one  kind  or  another,  from  the 
newspapers,  and  from  our  daily  intercourse  with  friends  and 
neighbors.  Not  many  of  our  opinions  are  based  upon  a 
painstaking  study  of  hard  facts.  As  Mr.  Bryce  says,  "  Every 
man  believes  and  repeats  certain  phrases  because  he  thinks 
that  everybody  else  on  his  own  side  believes  them ;  and  of 
what  each  believes  only  a  small  part  is  his  own  original 
impression  —  the  far  larger  part  being  the  result  of  the  com- 


The  Government  and  Public  Opinion  293 

mingling  and  mutual  action  and  reaction  of  the  impressions 
of  a  multitude  of  individuals,  in  which  the  element  of  pure 
personal  conviction,  based  on  individual  thinking,  is  but 
small." 

Public  opinion  made  up  of  individual  opinions.  —  We  are 
therefore  all  makers  of  public  opinion,  men,  women,  and 
children  of  a  school  age.  When  we  see  a  person  doing  some- 
thing and  we  express  to  some  one  else  our  approval  of  his 
actions,  we  are  helping  to  make  opinion.  By  approving  or 
disapproving  something  which  the  government  does  or  neg- 
lects to  do,  we  are  helping  to  create  public  sentiment  on  that 
particular  matter.  By  being  indifferent  to  what  goes  on,  we 
encourage  others  to  assume  the  same  attitude,  and  thus  con- 
tribute to  the  general  apathy  which  is  the  chief  source  of  bad 
government.  Chance  remarks  dropped  at  school,  on  the 
street  corner,  in  the  saloon,  or  at  a  social  gathering  all  con- 
tribute to  that  great  stream  of  opinion  which  determines 
the  kind  of  government  we  are  to  have.  School  children  who 
ask  their  parents  or  neighbors  thought-provoking  questions 
on  civic  matters  help  to  arouse  general  interest.  Women, 
whether  they  vote  or  not,  add  powerfully  to  the  sentiments 
which  influence  the  course  of  political  events,  by  expressing 
their  views  publicly  and  privately  on  matters  that  concern 
them  especially.  They  also  frequently  delay  progress  by 
their  ignorance  and  indifference. 

Telling  "  the  truth  "  in  newspapers.  —  Naturally  it  is 
given  to  some  persons  more  than  others  to  influence  public 
opinion  —  and  perhaps  newspaper  editors  and  managers 
are  more  powerful  in  that  regard  than  any  other  group.  It 
is  not  only  from  the  editorial  columns,  where  editors  give 
expression  to  their  own  personal  views,  however,  that  we 
gain  our  notions  about  current  affairs.  The  news  columns 
are  far  more  influential.  Of  course,  newspapers  are  sup- 
posed to  tell  "  the  truth  "  in  the  news  columns  ;  but  there  are 
many  ways  of  telling  the  truth.     One  may  tell  the  truth  about 


294  American  Citizenship 

the  matters  concerning  which  he  writes,  but  he  may  create 
entirely  false  impressions  by  omitting  to  tell  of  other  truths. 
The  choice  of  topics  to  which  a  newspaper  gives  first  place  in 
the  news  columns  is  fully  as  important  as  telling  the  truth 
itself.  The  headlines  which  a  newspaper  puts  to  truthful 
articles  may  be  as  misleading  as  bold  lies.  A  newspaper 
may  encourage  the  public  to  take  an  interest  in  murders  and 
scandals  by  putting  such  stories  on  the  first  page,  or  it  may  ask 
the  public  to  consider  more  important  affairs  first  by  placing 
them  in  greater  prominence.  For  example,  not  long  ago  two 
society  women  were  killed  in  an  auto  accident  one  night,  and 
that  same  night  fifty  miners  were  killed  by  an  explosion  in  a 
mine.  A  newspaper  in  the  neighborhood  gave  the  same  space 
to  both  accidents,  whereas  the  first  was  of  slight  public  concern 
and  the  latter  was  of  fundamental  concern.  The  citizen  in 
buying  newspapers  helps  to  decide  what  kind  of  papers 
shall  be  published,  and  so  makes  public  opinion. 

Newspapers  influenced  by  their  advertising.  —  The  citizen 
must  bear  in  mind  also  that  newspapers  and  periodicals  are  no 
longer  supported  mainly  by  subscriptions,  as  was  once  the 
case,  but  that  they  are  dependent  primarily  upon  advertising 
or  upon  some  group  of  persons  willing  to  pay  the  bills  in 
order  to  have  "  an  organ  "  to  voice  their  opinions.  Publishers 
do  not  dare  to  offend  too  seriously  their  advertisers,  and  plenty 
of  examples  of  news  suppressed  or  colored  to  please  adver- 
tisers are  forthcoming.  For  instance,  a  few  years  ago  an 
association  of  citizens  held  a  meeting  in  support  of  a  law  then 
pending  in  the  legislature  requiring  store  owners  to  furnish 
seats  for  their  employees  when  not  engaged  in  waiting  on 
customers.  At  the  meeting  competent  speakers  described 
the  evil  conditions  prevailing  in  a  number  of  great  stores, 
mentioning  them  by  name.  The  reporter  wrote  a  true  story 
of  the  meeting,  but  his  city  editor  struck  out  the  names  of  all 
the  big  store  owners  who  advertised  in  the  paper,  and  the 
readers  of  the  paper  gathered  the  impression  that  it  was  only 


The  Government  and  Public  Opinion  295 

a  few  obscure  shops  that  kept  their  women  employees  stand- 
ing on  their  feet  eight  and  ten  hours  a  day.  Again,  not  long 
ago  a  large  store  owner  in  a  city  was  indicted  and  fined  for 
fraudulent  advertising  and,  notwithstanding  the  prominence 
of  the  party,  the  newspapers  were  discreetly  silent,  while 
they  gave  plenty  of  space  to  a  wretched  vagrant  who  had  set 
fire  to  a  small  shop  in  the  hope  of  securing  some  booty. 

Associations  which  help  to  educate  the  public.  —  Next  to  the 
newspapers  in  their  influence  on  public  opinion  may  be  placed 
the  various  private  associations  which  deal  with  matters  of 
civic  interest :  playground  associations,  farmers'  granges, 
legislative  associations,  municipal  leagues,  city  clubs,  women's 
societies,  and  the  like.  Some  of  the  societies,  like  the  Associa- 
tion for  Labor  Legislation,  are  formed  to  secure  enlightened 
and  humane  laws  on  particular  matters,  or  to  see  that  laws  are 
properly  enforced  when  passed.  Other  associations,  such  as 
legislative  committees,  are  designed  to  watch  the  state  and 
local  lawmaking  bodies  and  to  turn  the  light  of  publicity  on 
measures  about  to  be  passed  or  defeated  by  the  legislature  or 
town  council  or  county  commissioners,  as  the  case  may  be. 
The  Citizen's  Union  of  New  York  City,  for  example,  main- 
tains at  the  capital  of  the  state  a  trained  expert  who  studies 
all  bills  introduced  which  affect  the  City,  and  reports  to  the 
Union  on  them.  If  any  particular  measures  deserve  support 
or  condemnation,  in  the  view  of  the  Union,  it  organizes  a 
large  public  meeting  for  the  discussion  of  the  matter,  and 
thus  helps  to  make  public  opinion.  Indeed,  associations  for 
influencing  public  sentiment  are  among  the  striking  features 
of  current  civic  development. 

"  Manufacturing"  public  opinion.  —  Like  all  other  institu- 
tions, they  may  be  used  against  public  welfare,  as  well  as  for 
it.  An  instance  of  the  way  in  which  public  opinion  may  be 
"  manufactured  "  for  private  purposes  was  afforded  not  long 
ago  in  a  groat  city  where  the  extension  of  street  car  lines  was 
under  discussion.     A  street  car  company  which  was  inter- 


296      *  American  Citizenship 

ested  in  gaining  a  certain  franchise  selected  a  prominent 
politician  and  gave  him  about  a  quarter  of  a  million  dollars 
to  "  accelerate  public  sentiment."  He  organized  a  Citizen's 
Association  in  the  portion  of  the  city  involved  in  the  affair, 
and  got  up  public  meetings  in  favor  of  the  company's 
demands,  incidentally  disbursing  a  large  sum  of  money  among 
influential  persons.  In  the  midst  of  so  much  clamor  for  his 
attention,  it  is  not  surprising  that  the  citizen  is  sometimes 
bewildered  and  unable  to  form  sound  judgments. 

Woman's  part  in  government.  —  In  the  organization  of 
citizens'  associations  designed  to  focus  public  opinion  on 
particular  matters,  the  participation  of  women  is  a  marked 
characteristic.  Women  are  among  the  leaders  in  all  be- 
neficent and  humane  enterprises  which  help  to  make  our 
cities  more  beautiful  places  in  which  to  live,  and  to  improve 
the  common  lot  of  those  who  do  the  world's  work.  Following 
the  example  of  the  men,  the  newly  enfranchised  women  of 
several  of  the  western  states  have  formed  civic  clubs  for  the 
investigation  and  discussion  of  public  questions  of  every 
kind.  In  other  states  where  women  do  not  have  the  ballot, 
they  are  likewise  active  in  civic  affairs.  A  woman's  municipal 
league  in  one  of  our  large  cities  recently  reported  the  follow- 
ing program : 

Campaign  for  pure  milk,  including  rigid  inspection. 

Encouragement  of  the  men  in  the  street  cleaning  service  by 
the  distribution  of  medals  and  money  prizes. 

Erection  of  free  ice-water  fountains  in  the  congested  por- 
tions of  the  city. 

Campaign  of  education  among  housekeepers  to  improve 
sanitary  conditions. 

Investigation  of  moving  picture  shows  and  cheap  amuse- 
ment places. 

Financial  aid  and  committee  service  for  the  investigation 
of  amusement  places  of  girls  not  reached  by  settlements  and 
churches. 


The  Government  and  Public  Opinion  297 

Establishment  and  maintenance  of  playgrounds  for 
certain  overcrowded  districts. 

Churches  as  civic  centers.  —  In  this  general  civic  awaken- 
ing, churches  are  also  taking  part.  Many  of  them  have 
"  social  welfare  services  "  charged  with  studying,  discussing, 
and  reporting  on  all  manner  of  problems  arising  in  our 
modern  industrial  life.  Others  open  their  assembly  rooms  for 
the  consideration  of  all  the  questions  of  contemporary  politics 
which  pertain  to  the  welfare  of  the  people.  Thus  they  .seek 
to  make  real  and  useful  those  sentiments  of  humanity 
which  are  the  finest  products  of  religion. 

Questions 

1.  What  determines  the  character  of  a  government  and  its 
work? 

2.  What  kinds  of  citizens'  associations  do  we  have  ? 

3.  What  are  some  of  the  ways  in  which  a  government  may  in- 
form the  citizens  about  its  work  ? 

4.  What  is  a  complaint  bureau  ? 

5.  How  may  the  school  become  a  center  of  public  opinion  ? 

6.  How  may  civics  be  made  a  vital  subject  of  instruction  ? 

7.  How  may  private  societies  educate  government  officers  ? 

8.  What  kinds  of  political  campaigns  may  we  have  ? 

9.  How  does  each  one  of  us  help  to  make  public  opinion  ? 

10.  How  may  newspapers  distort  the  truth  ? 

11.  Under  what  influences  are  newspapers  placed? 

12.  How  may  public  opinion  be  "manufactured"  ? 

13.  What  can  you  say  of  woman's  part  in  government? 

Additional  Reading 

Public  Opinion  and  its  Causes:  Bryce,  The  American  Common- 
wealth, Vol.  II,  pp.  251-655. 

The  Citizen  and  his  Government  :  Bruere,  The  New  City  Govern- 
ment, pp.  376-400. 

The  Work  of  a  Voters'  League  :  Ward,  The  Social  Center,  pp. 
43-68. 

Deliberation  in  Politics  :   Ward,  pp.  19-42. 

Modern  Methods  of  Publicity  :  Allen,  Woman's  Part  in  Govern- 
ment,  pp.  103-130. 


RESEARCH    QUESTIONS 
CHAPTER   I 

Name  some  of  the  things  which  each  person  can  do  for  himself 
without  receiving  aid  from  any  other  person. 

What  are  some  of  the  ways  in  which  each  must  depend  upon 
others  for  help  ? 

Why  is  it  better  for  the  government  to  punish  criminals  and 
other  offenders  than  for  the  TVTonged  persons  or  families  to  avenge 
the  injuries  themselves  ? 

Can  you  think  of  any  cases  in  this  country  of  families  undertaking 
to  avenge  injuries  done  to  them.? 

Mention  some  way  in  which  the  government  of  your  town  or  city 
restrains  your  right  to  do  as  you  please. 

Mention  some  waj^  in  which  the  government  of  your  town  or  city 
gives  you  liberty  or  protection. 

Name  some  of  the  absolute  monarchies  of  to-day  and  explain 
the  nature  of  such  governments. 

In  what  way  has  democracy  changed  the  purpose  of  government  ? 


CHAPTER   II 

Where  is  each  article  on  a  well-supplied  breakfast  table  produced  ? 

How  many  different  persons  may  take  part  in  supplying  a  break- 
fast table  ? 

What  countries  are  mainly  agricultural  ? 

What  countries  are  mainly  industrial  ? 

What  are  the  grain  producing  areas  of  the  United  States  ?     Fruit 
growing  areas  ?     Sugar  areas  ?     Lumber  regions  ? 

From  what  regions  do  the  raw  products  for  clothing  come  ? 

Where  are  your  clothes  made  ? 

Where  are  toys  made  ? 

Do  children  work  in   the  factories  which  make  any  of  these 
things  ? 

How  many  different  kinds  of  houses  do  you  know  about  ? 

298 


Research  Questions  299 

If  you  were  managing  a  home  how  would  you  apportion  the 
income :  what  proportion  for  rent ;  for  food ;  for  clothes ;  for 
education  ;  and  for  recreation  ?  Would  you  spend  money  for  other 
things  ? 

In  what  ways  does  family  life  in  the  United  States  to-day  differ 
from  family  life  in  Washington's  day  ? 

What  are  the  striking  features  of  modern  machine  industry  ? 

What  persons  besides  the  owners  are  interested  in  the  way  fac- 
tories are  run  ? 

What  is  the  capital  and  labor  question  ? 

In  what  ways  does  modern  business  require  action  on  the  part 
of  the  government  ? 

CHAPTER    III 

Do  you  know  any  family  where  the  mother  is  the  breadwinner  ? 
Why  is  she  ? 

Do  you  know  any  little  children  who  must  work  to  help  support 
the  family  ?     What  are  their  parents  doing  ? 

How  old  must  a  child  be  in  your  state  before  it  is  allowed  to  work 
in  a  factory  ? 

Are  there  any  laws  in  your  state  about  newsboys,  messenger 
boys,  cash  girls  in  stores  ?     Why  ? 

What  different  kinds  of  families  do  you  have  in  your  community  ? 

What  do  your  parents  do  for  you  unaided  ? 

What  does  the  government  do  for  you  ? 

What  is  a  familj^  "budget"  ? 

What  keeps  a  family  together  ? 

What  breaks  up  families  ? 


CHAPTER   IV 

What  are  some  of  the  ways  in  which  public  officers  protect  you 
against  bodily  harm  ? 

How  many  policemen  are  employed  in  your  city  ? 

How  many  firemen  ?     Are  they  volunteers  ? 

Why  are  streets  kept  clean  ? 

Why  are  persons  sometimes  arrested  for  holding  meetings? 

What  is  a  libel  suit  ?     Have  you  ever  heard  of  one  ? 

Do  you  know  how  many  persons  were  arrested  in  your  com- 
munity last  year  ?     How  could  you  find  out,  if  you  did  not  know  ? 


300  American  Citizenship 

How  many  different  religious  sects  are  there  in  your  community  ? 

How  many  newspapers  come  into  your  home  every  week  ?  Do 
you  take  any  papers  which  are  not  partisan  in  character? 

What  kind  of  men  serve  as  jurors  in  your  community  ? 

Do  you  know  of  any  petitions  being  circulated  in  your  com- 
munity ?     For  what  purposes  ? 

If  you  had  committed  a  wrong  would  you  rather  be  tried  by  a 
judge  or  a  jury  ?     Why  ? 

Do  you  think  every  person  should  be  allowed  to  say  what  he 
likes? 

Do  you  believe  that  books  and  newspapers  should  be  supervised 
by  the  government  ?     Why  ? 

What  are  the  dangers  in  allowing  government  oflBcers  to  inter- 
fere with  free  press  and  speech  and  religion  ? 


CHAPTER   V 

What  kinds  of  things  may  be  made  private  property  ? 

What  is  the  difference  between  real  property  and  personal  prop- 
erty ? 

What  is  meant  by  "intangible"  property? 

Why  is  some  property  public  and  other  property  private  ? 

How  is  it  decided  whether  a  kind  of  property  shall  be  public  or 
private  ? 

Do  you  know  any  property  in  your  community  that  was  once 
public  but  is  now  private  ? 

Do  you  know  any  public  property  in  your  community  that  was 
formerly  private  property  ? 

What  property  does  your  local  community  own  ? 

What  property  does  your  state  own  ? 

Does  your  state  or  community  conduct  any  business  enterprises  ? 

Is  a  law  about  fire  prevention  a  defense  of  property  or  an  inter- 
ference with  a  property  right  ? 

How  does  a  law  regulating  child  labor  affect  property  rights  ? 

Is  the  right  to  labor  a  property  right  ? 


CHAPTER   VI 

Did  your  grandfather  vote  in  this  country  ? 
Does  your  father  vote  ?     If  not,  why  not  ? 
Does  your  mother  vote  ?     If  not,  why  not  ? 


Research  Questions  301 

What  is  meant  by  a  property  qualification  on  the  right  to  vote? 
Did  we  ever  have  property  qualifications  in  this  country  ? 
Have  men  always  voted  ?     If  not,  how  have  they  secured  the 
right  ? 

What  is  the  diffex'ence  between  a  "republic"  and  a  "democracy"  ? 
Who  are  "the  people"  in  this  country  in  a  political  sense? 
What  is  meant  by  "the  rule  of  the  people  "  ? 
What  restrictions  are  there  on  the  right  to  vote  in  your  state  ? 
What  is  an  alien  ?     How  may  an  alien  secure  the  right  to  vote  ? 
What  is  meant  by  "representative"  government? 


CHAPTER   VII 

What  is  tyranny  ? 

Can  there  be  tyranny  in  a  republic  ?     In  a  Democracy  ? 

Why  should  we  have  respect  for  the  law  ? 

Should  we  have  equal  respect  for  all  the  laws  ? 

When  we  do  not  like  a  law,  what  should  we  do  about  it  ? 

Is  there  ever  any  excuse  for  breaking  a  law  ? 

Is  American  government  founded  on  the  doctrine  that  the 
majority  should  always  be  allowed  to  have  its  way  ? 

Do  you  think  the  majority  is  always  right  ? 

Is  the  majority  right  so  often  that  there  should  be  no  check  on  it 
at  all  ? 

Are  all  laws  equally  important  ? 

Should  all  laws  be  made  and  changed  with  the  same  ease  and  in 
the  same  manner  ? 

Are  there  some  matters  so  important  that  they  shoiild  not  be 
touched  except  by  an  extraordinary  majority  ? 

Are  there  any  matters  which  the  government  should  not  be 
allowed  to  touch,  even  if  it  has  a  two-thirds  majority  in  its  favor? 

How  can  the  majority  be  cheeked  in  a  democracy  where  majority 
rule  is  the  custom  ? 

Are  you  willing  to  trust  all  you  have  and  hope  for  to  the  wisdom 
of  a  majority  ? 

CHAPTER  VIII 

Who  is  your  congressman  in  the  House  of  Representatives? 
What  is  his  record  on  legislation  ? 

Who  are  your  Senators  ?  What  are  their  records  on  important 
legislation  ? 


302  American  Citizenship 

How  can  a  voter  discover  what  a  Senator  or  Representative  has 
done  or  is  doing  in  Congress  ? 

Do  you  know  what  the  Congressional  Directory  is  ?  The  Con- 
gressional Record  ? 

Where  and  how  was  the  Representative  from  your  district 
nominated  ? 

For  what  principles  did  he  stand  during  the  campaign  ? 

Do  you  know  on  what  committees  your  Representative  and 
Senators  are  serving  in  Congress  ? 

Do  you  know  whether  the  Representatives  in  your  state  are 
fairly  apportioned  among  the  various  districts  ?  Can  you  find 
out  if  you  do  not  know  ? 

How  many  electoral  votes  does  your  state  have  ? 

Do  you  know  any  of  the  principles  for  which  the  present  President 
of  the  United  States  stands  ? 

Do  you  know  how  many  delegates  your  state  is  entitled  to  in 
the  national  conventions  of  the  various  political  parties  ? 

Do  you  know  how  they  are  chosen  ? 

How  can  the  individual  voter  get  a  voice  in  selecting  his  party 
candidates  ? 

How  is  public  opinion  as  to  the  character  of  the  various  candi- 
dates for  nomination  stirred  up  ? 

Who  pays  the  expenses  incurred  in  organizing  campaigns  for 
the  nomination  and  election  of  Presidents  ? 

What  federal  officers  are  there  in  your  community  ? 

Who  appoints  these  officers  ? 

How  can  any  citizen  secure  a  place  in  the  federal  government  ? 

How  can  the  citizen  find  out  about  vacant  places  in  the  federal 
government  ? 

CHAPTER    IX 

What  is  the  difference  between  constitutional  and  statutory 
law? 

Do  you  have  a  copy  of  your  state  constitution  ?  Where  can 
copies  be  procured  ? 

Make  an  analysis  of  your  state  constitution. 

How  many  members  in  the  senate  of  your  state  ?  In  the  lower 
house  ? 

How  often  are  they  elected  ? 

Are  the  districts  of  your  state  represented  according  to  popula- 
tion ?     If  not,  what  districts  are  "over-represented"  ? 


Research  Questions  303 

What  are  the  principal  topics  mentioned  in  the  platforms  of  all 
the  parties  in  your  state  at  the  last  genei-al  election  ? 

What  limits  does  the  constitution  of  your  state  lay  on  the 
legislature  ? 

Are  your  governor  and  the  majority  in  each  house  of  the  legis- 
lature of  the  same  political  party  ? 

Is  it  desirable  that  they  should  be  ?     Why  ? 

When  did  your  governor  call  out  the  militia  last  ?  For  what 
purpose  ? 

What  things  did  the  governor  recommend  the  legislature  to  do  in 
his  last  message  ? 

Would  you  rather  trust  the  governor  or  your  representatives  in 
the  legislature  to  decide  on  matters  of  public  concern  ? 

Is  there  a  leading  party  manager  or  "boss"  in  your  state? 

Do  you  know  anything  about  the  work  of  your  representatives 
in  the  state  legislature  ? 

CHAPTER   X 

What  is  the  population  of  your  city  ? 

How  many  voters  are  there  in  it  ? 

Does  your  city  have  a  charter  ?     If  so  how  was  it  made  ? 

Does  your  city  have  home  rule  ? 

If  you  have  commission  government  in  your  city,  do  you  think 
it  an  improvement  over  the  old  form  ?     Why  ? 

Who  is  your  mayor  ?  Did  he  stand  for  any  definite  principles 
during  his  campaign  for  election  ? 

What  is  a  nonpartisan  election  ? 

Do  women  vote  for  any  oflBcers  in  your  city  ? 

How  are  school  officers  chosen  ? 

How  much  money  does  your  city  raise  and  spend  each  year  ? 

Who  makes  the  "budget"  of  your  city? 

Has  the  citizen  any  influence  on  the  government  of  the  city  at 
other  than  election  times  ?     In  what  way  ? 


CHAPTER   XI 

Do  the  majority  of  people  in  your  state  live  in  the  cities,  towns, 
or  country  districts  ?     What  proportion  in  each  ? 
What  are  the  chief  oiScers  of  your  county  ? 
How  are  they  elected  ? 


304  American  Citizenship 

What  is  the  smallest  district  in  your  county  ? 

How  many  school  districts  in  it  ? 

How  many  towns  or  townships  ? 

Who  decides  how  much  money  the  county  shall  spend  and  for 
what  purposes  ? 

Who  are  your  town  or  township  officers  ?     How  often  are  they 
chosen  ? 

If  you  wanted  a  highway  repaired,  to  whom  would  you  go  ? 

Where  are  the  helpless  poor  of  your  town  taken  care  of  ? 

What  local  officers  are  under  the  supervision  of  state  officers  ? 

Do  your  local  officers  look  with  favor  or  disfavor  upon  super- 
vision by  state  officers  ? 
'  What  work  does  the  state  government  do  in  your  community  ? 

Is  the  state  or  local  work  better  done  ? 


CHAPTER   XII 

How  many  political  parties  are  there  in  your  state  ? 

How  do  they  rank  in  numbers  ? 

What  was  in  their  platforms  in  the  last  campaign  ? 

How  does  each  party  make  nominations  for  the  various  state 
offices  ? 

What  is  the  name  of  the  party  committee  in  your  district  ? 

What  are  the  various  committees  which  each  party  has  in  your 
state  ? 

How  does  the  voter  become  a  member  of  a  party  ? 

Who  pays  the  bills  of  the  party  committees  ? 

Do  the  party  committees  do  any  political  work  at  other  than 
election  times  ? 

Is  it  wise  for  a  voter  to  stay  in  one  party  and  try  to  bring  it  to 
his  views  as  nearly  as  he  can  ?  Or  is  it  better  to  leave  a  party  when 
the  voter  cannot  agree  with  its  principles  entirely  ? 

What  do  you  think  is  the  chief  cause  of  the  decline  of  old  parties 
and  the  rise  of  new  ? 

What  kind  of  ballots  are  used  in  your  community  ? 

Where  are  the  polling  places  fixed  for  election  days  ? 

Who  can  watch  at  elections  ? 

Have  you  a  local  party  manager  or  "boss"  ? 

Are  the  saloons  open  on  election  days  ? 


Research  Questions  305 


CHAPTER   XIII 

What  is  direct  legislation  ? 

Are  any  of  the  laws  of  your  state  made  directly  by  the  voters  ? 

Do  the  voters  of  yoxu"  state  vote  on  any  matters  other  than  the 
election  of  officers  ? 

How  is  the  constitution  of  your  state  made  and  approved  ? 

How  is  it  amended  ? 

Do  you  think  the  laws  of  your  state  would  be  very  different  if 
they  were  made  by  the  voters  rather  than  by  the  legislature  ? 

Is  the  voter  more  able  to  vote  on  laws  than  to  choose  a  wise 
person  to  represent  himself  in  the  legislature  ? 

Ought  a  majority  of  those  voting  on  a  law  in  a  state  having  direct 
legislation  be  permitted  to  decide  the  matter  ?     Why  ? 

Ought  the  majority  required  to  approve  a  law  be  a  majority  of 
all  the  voters  in  the  state  ?     Why  ? 

Should  only  a  majority  of  all  those  voting  in  the  election  at  which 
the  law  is  submitted  be  required  ?     Why  ? 

What  officers  ought  to  be  elective,  and  what  appointive  in  your 
community  ? 

In  what  way  is  direct  legislation  in  conflict  with  the  separation 
of  powers  ? 


CHAPTER   XIV 

Why  do  the  size  and  extent  of  the  industries  of  the  country  affect 
the  work  which  the  federal  government  has  to  do  ? 

Can  you  think  of  any  matters  which  are  now  left  to  the  control 
of  the  state  governments  which  should  be  given  into  the  hands  of 
the  federal  government  ? 

Do  you  believe  in  a  "strict"  or  a  "liberal"  interpretation  of  the 
Constitution  ?     Why  ? 

What  work  does  the  federal  government  do  in  your  community  ? 

Is  there  any  business  done  in  your  community  which  is  "inter- 
state" in  character?     Why? 

Why  can  we  not  leave  the  detection  of  adulterated  foods  to  the 
consumer  ? 

What  is  the  reason  for  so  much  adulteration  in  modern  manu- 
facturing ? 

When  the  government  fixes  the  rates  of  railways  what  matters 
should  it  take  into  account  in  arriving  at  a  "fair"  rate? 

X 


3o6  American  Citizenship 

Do  you  have  any  industries  in  your  community  which  are  pro- 
tected by  the  tariff  ?  j^What  are  they  ? 

Can  you  name  any  article  that  is  increased  or  decreased  in  price 
by  the  raising  or  lowering  of  the  tariff  ? 

Should  the  federal  government  employ  troops  to  protect  Ameri- 
can investors  and  promoters  who  go  into  other  countries  to  engage 
in  business  ?     Why  ? 

Can  you  name  any  articles  made  by  great  trusts  ? 

Do  you  think  competition  in  business  is  a  good  thing  ? 

Do  you  think  the  federal  government  could  own  and  manage  the 
railways  successfully  ? 

Should  the  parcel  post  be  extended  so  as  to  include  all,  or  practi- 
cally all,  of  the  express  business  ? 

Was  it  a  mistake  for  the  federal  government  to  give  away  the 
public  lands  ? 

Do  you  think  permanent  international  peace  is  desirable  and 
possible  ? 

What  do  you  think  is  the  fairest  kind  of  tax  for  the  federal 
government  to  use  in  raising  revenues  ? 


CHAPTER   XV 

Upon  what  conditions  should  aliens  be  allowed  to  vote  ? 

Can  you  think  of  any  acts  now  punishable  by  the  laws  of  your 
state  which  ought  not  to  be  punishable  ? 

Do  you  believe  that  the  death  sentence  should  ever  be  imposed  ? 

Do  you  think  that  the  state  should  educate  lawyers  and  doctors 
at  public  expense  ?     Why  ? 

Does  the  state  health  officer  ever  come  into  your  community  ? 

Do  you  think  that  all  undeserved  poverty  could  be  prevented  ? 

What  is  undeserved  poverty  ? 

Do  you  think  that  government  pensions  should  be  paid  to  all 
aged  persons  unable  to  support  themselves  ? 

Have  you  any  trade  unions  in  your  community?  For  what 
principles  do  they  stand  ? 

Do  you  have  a  state  railway  commission  or  board  ?  Can  it  fix 
freight  and  passenger  rates  ? 

Why  are  combinations  in  business  formed  ? 

Have  you  any  state  highways  in  your  community  ? 

How  would  you  go  about  securing  state  aid  in  building  a  highway 
in  your  community  ? 


Research  Questions  307 

Are  the  state  or  the  local  highways  the  better  ? 

Does  your  state  own  any  forest  or  mineral  lands  or  any  water 
power  ? 

How  much  money  is  raised  in  your  state  by  taxes  each  year  ? 

Do  you  know  how  the  money  so  raised  is  apportioned  for  various 
objects  ? 

Does  your  state  have  an  income  or  inheritance  tax  ? 

Which  is  more  "just :  an  income  or  an  inheritance  tax  ?     Why  ? 


CHAPTER  XVI 

How  many  cities  of  more  than  25,000  inhabitants  are  in  your 
state  ? 

What  proportion  of  the  people  of  your  state  live  in  places  having 
more  than  2500  inhabitants  ? 

Can  you  make  a  map  of  your  city  showing  the  residential  dis- 
tricts of  the  well-to-do,  the  working-class  districts,  the  industrial 
centers,  and  the  slums  ? 

How  many  saloons  in  your  city  ?  Can  you  make  a  map  showing 
where  they  are  located  ? 

What  is  the  death  rate  of  your  city  ?  How  does  it  compare  with 
that  in  other  cities  ? 

Has  your  city  a  public  market  place  ? 

How  many  policemen  in  your  city  ? 

What  proportion  of  the  annual  revenue  of  your  city  is  spent  for 
the  police  force  ?     For  education  ?     For  health  work  ? 

Where  are  the  police  courts  in  your  city  ?  Have  you  ever  been 
in  one  ? 

Does  your  city  have  a  fire  prevention  bureau  ? 

Can  you  make  a  map  showing  the  well-kept  and  the  neglected 
streets  in  your  city  ? 

Does  your  city  own  any  of  the  public  utilities  ? 

Are  the  water  and  gas  rates  in  your  city  higher  or  lower  than  in 
neighboring  cities  ? 

What  companies  hold  franchises  in  your  city  ? 

Do  you  know  anything  about  the  building  regulations  in  your 
city? 

What  does  your  city  do  in  the  way  of  furnishing  recreation  for 
the  people  ? 

Upon  what  kinds  of  taxes  does  your  city  depend  principally  for 
its  income  ? 


3o8  American  Citizenship 

CHAPTER   XVII 

Have  you  a  map  of  your  town  or  township  and  county  ? 

What  railways  and  state  highways  run  through  your  township  ? 

How  much  money  do  you  suppose  the  citizens  of  your  to-wnship 
spend  each  year  in  freight  and  express  charges  and  in  railway  travel  ? 

Are  the  railway  crossings  in  your  neighborhood  safe  ?  If  not, 
why  not  ? 

Has  your  township  or  county  built  any  roads  with  the  help  of 
the  state  government  ? 

How  many  saloons  in  your  township  and  county  ?  Have  you 
local  option  on  the  liquor  question  ? 

How  many  schools  in  your  township  and  county  ?  Are  many 
in  your  neighborhood  deprived  of  high  school  education  on  account 
of  poverty  ? 

Do  the  schools  of  your  neighborhood  teach  practical  subjects 
which  will  help  the  pupils  in  their  life  work  ? 

Do  you  have  a  local  library  ?  Has  your  state  a  circulating 
library  system  ? 

Has  your  village  an  "improvement  society"  ? 

Is  there  any  regular  provision  for  play  in  your  village,  or  is  it  left 
to  chance  ? 

Is  your  village  jail  fit  to  shut  prisoners  up  in  ? 

Which  is  better  :  outdoor  relief  for  the  poor  or  the  poorhouse  ? 

Does  your  local  health  officer  make  the  citizens  clean  up  their 
premises  ? 

How  much  money  does  your  county  spend  each  year?  How 
much  does  your  township  or  village  spend  ? 

If  you  had  the  spending  of  this  money,  would  you  distribute  it  in 
a  different  manner  ? 

Are  many  of  the  farms  in  your  neighborhood  mortgaged  ?  What 
rate  of  interest  must  the  farmers  pay  ? 

Are  there  farmers'  institutes  and  granges  in  your  community? 
What  kind  of  work  do  they  do  ? 


CHAPTER  XVIII 

How  can  you  find  out  what  officers  are  responsible  for  any 
particular  work  in  your  community  ? 

Attend  some  public  meetings  at  which  government  officers  speak, 
and  report  their  speeches. 


Research  Questions  309 

Inquire  into  the  nature  of  the  instruction  in  civics  in  neighbor- 
ing schools. 

Describe  a  recent  political  campaign  in  your  community. 

What  citizens'  associations  do  you  have  in  your  community  ? 

Is  there  any  way  in  your  state  for  the  citizens  to  discover  what 
goes  on  in  the  legislature  ?     In  the  city  council  ? 

Compare  the  accounts  of  the  same  affair  in  two  different  news- 
papers, studying  the  headlines,  the  points  emphasized,  and  the 
impression  given  as  a  whole. 

Have  you  any  women's  societies  in  your  community?  What 
work  do  they  undertake? 


BIBLIOGRAPHY 

Allen,  W.  H.,  Woman's  Part  in  Government.  Dodd,  Mead  &  Co., 
New  York,  1911. 

Beard,  C.  A.,  American  Government  and  Politics.  Macmillan  Co., 
New  York,  1914.  New  and  revised  edition.  (Cited  as  Ameri- 
can  Government.) 

Beard,  C.  A.,  American  City  Government.  The  Century  Co.,  1912. 

Beard,  C.  A.,  Readings  in  American  Government  and  Politics. 
Macmillan  Co.,  New  York,  1913.  New  and  revised  edition. 
(Cited  as  Readings.) 

Bruere,  Henry,  The  New  City  Government.  D.  Appleton  &  Co., 
1912. 

Bryce,  James,  The  American  Commonwealth,  2  vols.  Macmillan 
Co.     New  edition,  1910. 

BuRCH,  H.  R.,  and  Nearing,  Scott,  Elements  of  Economics.  Mac- 
millan Co.,  1912. 

Gillette,  John  M.,  Constructive  Rural  Sociology.  Sturgis  &  Wal- 
ton Co.,  1913. 

Haskin,  Frederic  J.,  The  American  Government.  J.  J.  Little  & 
Ives  Co.,  1911. 

Jones,  Chester  L.,  Readings  in  Parties  and  Elections  in  the  United 
States.     Macmillan  Co.,  1912. 

Kaye,  Percy  L.,  Readings  in  Civil  Government.  Century  Co., 
New  York,  1910. 

Kelley,  Florence,  Some  Ethical  Gains  through  Legislation. 
Macmillan  Co. 

Reinsch,  Paul  S.,  Readings  on  American  State  Government.  Ginn 
&Co.,  1911. 

Seager,  H.  R.,  a  Social  Program  —  Industrial  Insurance.  Mac- 
millan Co.,  1910. 

Ward,  Edward  J.,  The  Social  Center.     D.  Appleton  &  Co.,  1913. 


3" 


APPENDIX 


CONSTITUTION   OF   THE   UNITED    STATES 

We  the  people  of  the  United  States,  in  order  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  Constitution  for  the  United 
States  of  America. 

ARTICLE  I 

Section  i.  All  legislative  powers  herein  granted  shall  be  vested  in  a 
Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and  House  of 
Representatives. 

Section  2.  i.  The  House  of  Representatives  shall  be  composed  of  mem- 
bers chosen  every  second  year  by  the  people  of  the  several  States,  and  the 
electors  in  each  State  shall  have  the  qualifications  requisite  for  electors  of  the 
most  numerous  branch  of  the  State  legislature. 

2.  No  person  shall  be  a  representative  who  shall  not  have  attained  to  the  age 
of  twenty-five  years,  and  been  seven  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  in  which  he  shall 
be  chosen. 

3.  Representatives  and  direct  taxes  ^  shall  be  apportioned  among  the  several 
States  which  may  be  included  within  this  Union,  according  to  their  respective 
numbers,  which  shall  be  determined  by  adding  to  the  whole  number  of  free 
persons,  including  those  bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three  fifths  of  all  other  persons.^  The  actual  enumeration 
shall  be  made  within  three  years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten  years,  in  such  manner 
as  they  shall  by  law  direct.  The  number  of  representatives  shall  not  exceed 
one  for  every  thirty  thousand,  but  each  State  shall  have  at  least  one  represent- 
ative; and  until  such  enumeration  shall  be  made,  the  State  of  New  Hampshire 
shall  be  entitled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five,  New  York  six.  New  Jersey  four,  Penn- ' 
sylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten.  North  Carolina  five. 
South  Carolina  five,  and  Georgia  three. 

1  Partly  superseded  by  the  14th  Amendment.     (See  below,  p.  324.) 


3^4  Appendix 

4.  When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such  va- 
cancies. 

5.  The  House  of  Representatives  shall  choose  their  speaker  and  other 
officers  ;   and  shall  have  the  sole  power  of  impeachment. 

Section  3.  i.  The  Senate  of  the  United  States  shall  be  composed  of  two 
senators  from  each  State,  chosen  by  the  legislature  thereof,  for  six  years  ; 
and  each  senator  shall  have  one  vote.  ^ 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of  the  first 
election,  they  shall  be  divided  as  equally  as  may  be  into  three  classes.  The 
seats  of  the  senators  of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year,  of  the  second  class  at  the  expiration  of  the  fourth  year,  and  of  the 
third  class  at  the  expiration  of  the  sixth  year,  so  that  one  third  may  be  chosen 
every  second  year;  and  if  vacancies  happen  by  resignation,  or  otherwise, 
during  the  recess  of  the  legislature  of  any  State,  the  executive  thereof  may 
make  temporary  appointments  until  the  next  meeting  of  the  legislature,  which 
shall  then  fill  such  vacancies.^ 

3.  No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age 
of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  State  for  which  he  shall  be 
chosen. 

4.  The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a  president  pro 
tempore,  in  the  absence  of  the  Vice  President,  or  when  he  shall  exercise  the 
office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments.  When 
sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation.  When  the 
President  of  the  United  States  is  tried,  the  chief  justice  shall  preside :  and  no 
person  shall  be  convicted  without  the  concurrence  of  two  thirds  of  the  mem- 
bers present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor, 
trust  or  profit  under  the  United  States :  but  the  parly  convicted  shall  never- 
theless be  liable  and  subject  to  indictment,  trial,  judgment  and  punishment, 
according  to  law. 

Section  4.  i.  The  times,  places,  and  manner  of  holding  elections  for 
senators  and  representatives,  shall  be  prescribed  in  each  State  by  the  legisla- 
ture thereof;  but  the  Congress  may  at  any  time  by  law  make  or  alter  such 
regulations,  except  as  to  the  places  of  choosing  senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such  meet- 
ing shall  be  on  the  first  Monday  in  December,  unless  they  shall  by  law  appoint 
a  different  day. 

Section  5.     i.    Each  House  shall  be  the  judge  of  the  elections,  returns 

1  See  the  17th  Amendment,  below,  p.  325. 


Appendix  315 

and  qualifications  of  its  own  members,  and  a  majority  of  each  shall  constitute 
a  quorum  to  do  business;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  be  authorized  to  compel  the  attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties  as  each  House  may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceedings,  punish  its  mem- 
bers for  disorderly  behavior,  and,  with  the  concurrence  of  two  thirds,  expel 
a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from  time  to 
time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment  require 
secrecy;  and  the  yeas  and  nays  of  the  members  of  either  House  on  any 
question  shall,  at  the  desire  of  one  fifth  of  those  present,  be  entered  on  the 
journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place  than 
that  in  which  the  two  Houses  shall  be  sitting. 

Section  6.  I.  The  senators  and  representatives  shall  receive  a  compensa- 
tion for  their  services,  to  he  ascertained  by  law,  and  paid  out  of  the  Treasury 
of  the  United  States.  They  shall  in  all  cases,  except  treason,  felony  and 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attendance  at  the 
session  of  their  respective  Houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  deliate  in  either  House,  they  shall  not  be  ques- 
tioned in  any  other  place. 

2.  No  senator  or  representative  shall,  during  the  time  for  which  he  was 
elected,  be  appointed  to  any  civil  office  under  the  authority  of  the  United  States, 
which  shall  have  been  created,  or  the  emoluments  whereof  shall  have  been 
increased  during  such  time;  and  no  person  holding  any  office  under  the 
United  States  shall  be  a  member  of  either  House  during  his  continuance  in 
office. 

Section  7.  i.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives  ;  but  the  Senate  may  propose  or  concur  with  amendments 
as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representatives  and 
the  Senate,  shall,  before  it  become  a  law,  be  presented  to  the  President  of 
the  United  States;  if  he  approve  he  shall  sign  it,  but  if  not  he  shall  return  it, 
with  his  objections  to  that  House  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed  to  reconsider  it.  If 
after  such  reconsideration  two  thirds  of  that  House  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  House,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by  two  thirds  of  that  House, 
it  shall  become  a  law.  But  in  all  such  cases  the  votes  of  both  Houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of  each  House  respectively.  If 
any  bill  shall  not  be  returned  by  the  President  within  ten  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 


3^6  Appendix 

3.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the  Senate 
and  House  of  Representatives  may  be  necessary  (except  on  a  question  of  ad- 
journment) shall  be  presented  to  the  President  of  the  United  States;  and  be- 
fore the  same  shall  take  effect,  shall  be  approved  by  him,  or  being  disapproved 
by  him,  shall  be  repassed  by  two  thirds  of  the  Senate  and  House  of  Represen- 
tatives, according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Section  8.  i.  The  Congress  shall  have  power  to  lay  and  collect  taxes, 
duties,  imposts  and  excises,  to  pay  the  debts  and  provide  for  the  common  de- 
fense and  general  welfare  of  the  United  States;  but  all  duties,  imposts  and 
excises  shall  be  uniform  throughout  the  United  States; 

2.  To  borrow  money  on  the  credit  of  the  United  States; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes; 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on  the 
subject  of  bankruptcies  throughout  the  United  States; 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and  fix 
the  standard  of  weights  and  measures; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities  and  cur- 
rent coin  of  the  United  States; 

7.  To  establish  post  offices  and  post  roads; 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing  for  lim- 
ited times  to  authors  and  inventors  the  exclusive  right  to  their  respective  writ- 
ings and  discoveries; 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high  seas, 
and  offenses  against  the  law  of  nations; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules 
concerning  captures  on  land  and  water; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money  to  that  use 
shall  be  for  a  longer  term  than  two  years; 

13.  To  provide  and  maintain  a  navy; 

14.  To  make  rules  for  the  government  and  regulation  of  the  land  and  naval 
forces; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the  Union, 
suppress  insurrections  and  repel  invasions; 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia,  and  for 
governing  such  part  of  them  as  may  be  employed  in  the  service  of  the  United 
States,  reserving  to  the  States  respectively  the  appointment  of  the  officers,  and 
the  authority  of  training  the  militia  according  to  the  discipline  prescribed  by 
Congress ; 

17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such  dis- 
trict (not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular  States, 
and  the  acceptance  of  Congress,  become  the  seat  of  the  government  of  the 
United  States,  and  to  exercise  like  authority  over  all  places  purchased  by  the 
consent  of  the  legislature  of  the  State  in  which  the  same  shall  be,  for  the  erec- 
tion of  forts,  magazines,  arsenals,  dockyards,  and  other  needful  buildings;   and 


Appendix  3i7 

i8.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all  other  powers  vested  by  this  Constitu- 
tion in  the  government  of  the  United  States,  or  in  any  department  or  officer 
thereof. 

Section  9.  i.  The  migration  or  importation  of  such  persons  as  any  of  the 
States  now  existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by  the 
Congress  prior  to  the  year  one  thousand  eight  hundred  and  eight,  but  a  tax  or 
duty  may  be  imposed  on  such  importation,  not  exceeding  ten  dollars  for  each 
person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  cases  of  rebellion  or  invasion  the  public  safety  may  require  it, 

3.  No  bill  of  attainder  or  ex  posi  facto  law  shall  be  passed. 

4.  No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  proportion  to 
the  census  or  enumeration  hereinbefore  directed  to  be  taken. ^ 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

6.  No  preference  shall  be  given  by  any  regulation  of  commerce  or  revenue 
to  the  ports  of  one  State  over  those  of  another :  nor  shall  vessels  bound  to,  or 
from,  one  State  be  obliged  to  enter,  clear,  or  pay  duties  in  another. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in  consequence  of  ap- 
propriations made  by  law;  and  a  regular  statement  and  account  of  the  receipts 
and  expenditures  of  all  public  money  shall  be  published  from  time  to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United  States  :  and  no  person 
holding  any  office  of  profit  or  trust  under  them,  shall,  without  the  consent  of 
the  Congress,  accept  of  any  present,  emolument,  office,  or  title,  of  any  kind 
whatever,  from  any  king,  prince,  or  foreign  State. 

Section  10.  i.  No  State  shall  enter  into  any  treaty,  aUiance,  or  con- 
federation; grant  letters  of  marque  and  reprisal;  coin  money;  emit  bills  of 
credit;  make  anything  but  gold  and  silver  coin  a  tender  in  payment  of 
debts  ;  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obli- 
gation of  contracts,  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  imposts 
or  duties  on  imports  or  exports,  except  what  may  be  absolutely  necessary  for 
executing  its  inspection  laws :  and  the  net  produce  of  all  duties  and  imposts 
laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use  of  the  treasury 
of  the  United  States;  and  all  such  laws  shall  be  subject  to  the  revision  and 
control  of  the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of  ton- 
nage, keep  troops,  or  ships  of  war  in  time  of  ptsace,  enter  into  any  agreement 
or  compact  with  another  State,  or  with  a  foreign  power,  or  engage  in  war, 
unless  actually  invaded,  or  in  such  imminent  danger  as  will  not  admit  of  delay. 

ARTICLE  II 

Section  i.  i.  The  executive  power  shall  be  vested  in  a  President  of  the 
United  States  of  America.     He  shall  hold  his  office  during  the  term  of  four 

'  See  the  i6th  Amendment,  below,  p.  325. 


3^8  Appendix 


years,  and,  together  with  the  Vice  President,  chosen  for  the  same  term,  be 
elected,  as  follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legislature  thereof  may 
direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators  and  repre- 
sentatives to  which  the  State  may  be  entitled  in  the  Congress :  but  no  senator 
or  representative,  or  person  holding  an  office  of  trust  or  profit  under  the 
United  States,  shall  be  appointed  an  elector. 

^The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot  for  two 
persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves.  And  they  shall  make  a  list  of  all  the  persons  voted  for,  and  of 
the  number  of  votes  for  each  ;  which  list  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  government  of  the  United  States,  directed 
to  the  president  of  the  Senate.  The  president  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the  certificates, 
and  the  votes  shall  then  be  counted.  The  person  having  the  greatest  number 
of  votes  shall  be  the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  there  be  more  than  one  who  have  such 
majority,  and  have  an  equal  number  of  votes,  then  the  House  of  Representa- 
tives shall  immediately  choose  by  ballot  one  of  them  for  President  ;  and  if  no 
person  have  a  majority,  then  from  the  five  highest  on  the  list  the  said  House 
shall  in  like  manner  choose  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  States,  the  representation  from  each  State  having  one 
vote  ;  a  quorum  for  this  purpose  shall  consist  of  a  member  or  members  from 
two  thirds  of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to 
a  choice.  In  every  case,  after  the  choice  of  the  President,  the  person  having 
the  greatest  number  of  votes  of  the  electors  shall  be  the  Vice  President.  But 
if  there  should  remain  two  or  more  who  have  equal  votes,  the  Senate  shall 
choose  from  them  by  ballot  the  Vice  President." 

3.  The  Congress  may  determine  the  time  of  choosing  the  electors,  and  the 
day  on  which  they  shall  give  their  votes  ;  which  day  shall  be  the  same  through- 
out the  United  States. 

4.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to  the 
office  of  President  ;  neither  shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  to  the  age  of  thirty-five  years,  and  been  fourteen  years  a 
resident  within  the  United  States. 

5.  In  case  of  the  removal  of  the  President  from  office,  or  of  his  death,  res- 
ignation, or  inability  to  discharge  the  powers  and  duties  of  the  said  office,  the 
same  shall  devolve  on  the  Vice  President,  and  the  Congress  may  by  law  pro- 
vide for  the  case  of  removal,  death,  resignation,  or  inability,  both  of  the 
President  and  Vice  President,  declaring  what  officer  shall  then  act  as  President, 
and  such  officer  shall  act  accordingly,  until  the  disability  be  removed,  or  a 
President  shall  be  elected. 

1  The  following  paragraph  was  in  force  only  from  1788  to  1803. 

2  Superseded  by  the  12th  Amendment.     (See  p.  323.) 


Appendix  3^9 

6.  The  President  shall,  at  stated  times,  receive  for  his  services  a  compensa- 
tion, which  shall  neither  be  increased  nor  diminished  during  the  period  for 
which  he  shall  have  been  elected,  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  United  States,  or  any  of  them. 

7.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  following 
oath  or  affirmation :  —  "I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States,  and  will  to  the  best  of 
my  ability,  preserve,  protect  and  defend  the  Constitution  of  the  United  States." 

Section  2.  1.  The  President  shall  be  commander  in  chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the  several  States,  when 
called  into  the  actual  service  of  the  United  States;  he  may  require  the  opinion, 
in  writing,  of  the  principal  officer  in  each  of  the  executive  departments,  upon 
any  subject  relating  to  the  duties  of  their  respective  offices,  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offenses  against  the  United  States, 
except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the  Senate, 
to  make  treaties,  provided  two  thirds  of  the  senators  present  concur;  and  he 
shall  nominate,  and  by  and  with  the  advice  and  consent  of  the  Senate,  shall 
appoint  ambassadors,  other  public  ministers  and  consuls,  judges  of  the  Supreme 
Court,  and  all  other  officers  of  the  United  States,  whose  appointments  are  not 
herein  otherwise  provided  for,  and  which  shall  be  established  by  law :  but  the 
Congress  may  by  law  vest  the  appointment  of  such  inferior  officers,  as  they 
think  proper,  in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of 
departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may  happen 
during  the  recess  of  the  Senate,  by  granting  commissions  which  shall  expire  at 
the  end  of  their  next  session. 

Section  3.  i.  lie  shall  from  time  to  time  give  to  the  Congress  informa- 
tion of  the  state  of  the  Union,  and  recommend  to  their  consideration  such 
measures  as  he  shall  judge  necessary  and  expedient;  he  may,  on  extraordinary 
occasions,  convene  both  Houses,  or  either  of  them,  and  in  case  of  disagree- 
ment between  them  with  respect  to  the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  as  he  shall  think  proper;  he  shall  receive  ambassadors  and 
other  public  ministers;  he  shall  take  care  that  the  laws  be  faithfully  executed, 
and  shall  commission  all  the  officers  of  the  United  States. 

Section  4.  The  President,  Vice  President,  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment  for,  and  conviction 
of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE    III 

Section  i.  The  judicial  power  of  the  United  States  shall  be  vested  in 
one  Supreme  Court,  and  in  such  inferior  courts  as  the  Congress  may  from  time 
to  time  ordain  and  establish.  The  judges,  both  of  the  Supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behavior,  and  shall,  at  stated  times, 
receive  for  their  services,  a  compensation,  which  shall  not  be  diminished  during 
their  continuance  in  office. 


320  Appendix 

Section  2.  i.  The  judicial  power  shall  extend  to  all  cases,  in  law  and 
equity,  arising  under  this  Constitution,  the  laws  of  the  United  States,  and 
treaties  made,  or  which  shall  be  made,  under  their  authority;  — to  all  cases 
affecting  ambassadors,  other  public  ministers  and  consuls; — to  all  cases  of 
admiralty  and  maritime  jurisdiction;  — to  controversies  to  which  the  United 
States  shall  be  a  party;  — to  controversies  between  two  or  more  States;  — be- 
tween a  State  and  citizens  of  another  State;  ^  —  between  citizens  of  different 
States,  —  between  citizens  of  the  same  State  claiming  lands  under  grants  of 
different  States,  and  between  a  State,  or  the  citizens  thereof,  and  foreign  States, 
citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls, 
and  those  in  which  a  State  shall  be  party,  the  Supreme  Court  shall  have  orig- 
inal jurisdiction.  In  all  the  other  cases  before  mentioned,  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  to  fact,  with  such  excep- 
tions, and  under  such  regulations  as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by  jury; 
and  such  trial  shall  be  held  in  the  State  where  the  said  crimes  shall  have  been 
committed;  but  when  not  committed  within  any  State,  the  trial  shall  be  at 
such  place  or  places  as  the  Congress  may  by  law  have  directed. 

Section  3.  i.  Treason  against  the  United  States,  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of  treason,  but 
no  attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture  except 
during  the  hfe  of  the  person  attainted. 

ARTICLE   IV 

Section  i.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  State.  And  the 
Congress  may  by  general  laws  prescribe  the  manner  in  which  such  acts,  records 
and  proceedings  shall  be  proved,  and  the  effect  thereof. 

Section  2.  i.  The  citizens  of  each  State  shall  be  entitled  to  all  privileges 
and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other  crime,  who 
shall  flee  from  justice,  and  be  found  in  another  State,  shall  on  demand  of  the 
executive  authority  of  the  State  from  which  he  fled,  be  delivered  up  to  be  re- 
moved to  the  State  having  jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the  laws  thereof, 
escaping  into  another,  shall,  in  consequence  of  any  law  or  regulation  therein, 
be  discharged  from  such  service  or  labor,  but  shall  be  delivered  up  on  claim 
of  the  party  to  whom  such  service  or  labor  may  be  due. 

Section  3.  i.  New  States  may  be  admitted  by  the  Congress  into  this 
Union;   but  no  new  State  shall  be  formed  or  erected  within  the  jurisdiction 


1  See  the  nth  Amendment,  p.  323. 


Appendix  321 

of  any  other  State;  nor  any  State  be  formed  by  the  junction  of  two  or  more 
States,  or  parts  of  States,  without  the  consent  of  the  legislatures  of  the  States 
concerned  as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful  rules 
and  regulations  respecting  the  territory  or  other  property  belonging  to  the 
United  States;  and  nothing  in  this  Constitution  shall  be  so  construed  as  to 
prejudice  any  claims  of  the  United  States,  or  of  any  particular  State. 

Section  4.  The  United  States  shall  guarantee  to  every  State  in  this  Union 
a  republican  form  of  government,  and  shall  protect  each  of  them  against  inva- 
sion; and  on  application  of  the  legislature,  or  of  the  executive  (when  the 
legislature  cannot  be  convened)  against  domestic  violence. 

ARTICLE   V 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it  necessary, 
shall  propose  amendments  to  this  Constitution,  or,  on  the  application  of  the 
legislatures  of  two  thirds  of  the  several  States,  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to  all  intents  and  pur- 
poses, as  part  of  this  Constitution  when  ratified  by  the  legislatures  of  three 
fourths  of  the  several  States,  or  by  conventions  in  three  fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress;  Pro- 
vided that  no  amendment  which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article;  and  that  no  State,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE   VI 

1.  All  debts  contracted  and  engagements  entered  into,  before  the  adoption 
of  this  Constitution,  shall  be  as  valid  against  the  United  States  under  this  Con- 
stitution, as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States  which  shall  be 
made  in  pursuance  thereof ;  and  all  treaties  made,  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the  land; 
and  the  Judges  in  every  State  shall  be  bound  thereby,  anything  in  the  Consti- 
tution or  laws  of  any  State  to  the  contrary  notwithstanding. 

3.  The  senators  and  representatives  before  mentioned,  and  the  members  of 
the  several  State  legislatures,  and  all  executive  and  judicial  officers,  both  of  the 
United  States  and  of  the  several  States,  shall  be  bound  by  oath  or  affirmation 
to  support  this  Constitution ;  but  no  religious  test  shall  ever  be  required  as  a 
qualification  to  any  office  or  public  trust  under  the  United  States. 

ARTICLE   VII 

The  ratification  of  the  conventions  of  nine  States  shall  be  sufficient  for  the 
establishment  of  this  Constitution  between  the  States  so  ratifying  the  same, 
Y 


322  Appendix 

Done  in  Convention  by  the  unanimous  consent  of  the  States  present  the 
seventeenth  day  of  September  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-seven,  and  of  the  independence  of  the  United  States  of 
America  the  twelfth.  In  witness  whereof  we  have  hereunto  subscribed  our 
names, 

Go:  Washington  — 

Presidt.  and  Deputy  from  Virginia 


Articles  in  addition  to,  and  amendment  of,  the  Constitution  of  the  United 
States  of  America,  proposed  by  Congress,  and  ratified  by  the  legislatures  of 
the  several  States  pursuant  to  the  fifth  article  of  the  original  Constitution. 

ARTICLE    II 

Congress  shall  make  no  law  respecting  an  estalilishment  of  religion,  or  pro- 
hibiting the  free  exercise  thereof ;  or  abridging  the  freedom  of  speech,  or  of 
the  press  ;  or  the  right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  government  for  a  redress  of  grievances. 

ARTICLE   II 

A  well  regulated  militia,  being  necessary  to  the  security  of  a  free  State 
the  right  of  the  people  to  keep  and  bear  arms,  shall  not  be  infringed. 

ARTICLE   III 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any  house,  without  the 
consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  to  be  prescribed  by 
law. 

ARTICLE    IV 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers,  and 
effects,  against  unreasonable  searches  and  seizures,  shall  not  be  violated,  and 
no  warrants  shall  issue,  but  upon  probable  cause,  supported  by  oath  or  affirma- 
tion, and  particularly  describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized. 

ARTICLE   V 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual  service  in 
time  of  war  or  public  danger  ;  nor  shall  any  person  be  subject  for  the  same 
offense  to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled  in 
any  criminal  case  to  be  a  witness  against  himself,  nor  be  deprived  of  life,  liberty, 

1  The  first  ten  Amendments  adopted  in  1791. 


Appendix  323 

or  property,  without  due  process  of  law  ;   nor  shall  private  property  be  taken 
for  public  use  without  just  compensation. 

ARTICLE  VI 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a  speedy 
and  public  trial,  by  an  impartial  jury  of  the  State  and  district  wherein  the 
crime  shall  have  been  committed,  which  district  shall  have  been  previously  as- 
certained by  law,  and  to  be  informed  of  the  nature  and  cause  of  the  accusa- 
tion ;  to  be  confronted  with  the  witnesses  against  him  ;  to  have  compulsory 
process  for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defense. 

ARTICLE  VII 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed  twenty 
dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact  tried  by  a  jury 
shall  be  otherwise  reexamined  in  any  court  of  the  United  States,  than  accord- 
ing to  the  rules  of  the  common  law. 

ARTICLE  VIII 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel 
and  unusual  punishments  inflicted. 

ARTICLE   IX 

The  enumeration  m  the  Constitution  of  certain  rights  shall  not  be  con- 
strued to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE   X 

The  powers  not  delegated  to  the  United  States  by  the  Constitution,  nor  pro- 
hibited by  it  to  the  States,  are  reserved  to  the  States  respectively,  or  to  the 
people. 

ARTICLE   XP 

The  judicial  power  of  the  United  States  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the 
United  States  by  citizens  of  another  State,  or  by  citizens  or  subjects  of  any 
foreign  State. 

ARTICLE   XII 2 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot  for 
President  and  Vice  President,  one  of  whom,  at  least,  shall  not  be  an  inhabit- 
ant of  the  same  State  with  themselves  ;  they  shall  name  in  their  ballots  the 
person  voted  for  as  President,  and  in  distinct  ballots,  the  person  voted  for  as 
Vice  President,  and  they  shall  make  distinct  lists  of  all  persons  voted  for  as 

1  Adopted  in  1798.  2  Adopted  in  1804. 


324  Appendix 

President  and  of  all  persons  voted  for  as  Vice  President,  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United  States,  directed  to  the  President  of 
the  Senate  ;  — The  President  of  the  Senate  shall,  in  the  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates  and  the  votes  shall  then 
be  counted  ;  — The  person  having  the  greatest  number  of  votes  for  President, 
shall  be  the  President,  if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed  ;  and  if  no  person  have  such  majority,  then  from  the  per- 
sons having  the  highest  numbers  not  exceeding  three  on  the  list  of  those  voted 
for  as  President,  the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the  votes  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote  ;  a  quorum  for 
this  purpose  shall  consist  of  a  member  or  members  from  two  thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the  fourth  day  of  March  next  follow- 
ing, then  the  Vice  President  shall  act  as  President,  as  in  the  case  of  the  death 
or  other  constitutional  disability  of  the  President.  The  person  having  the 
greatest  number  of  votes  as  Vice  President  shall  be  the  Vice  President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed,  and  if  no 
person  have  a  majority,  then  from  the  two  highest  numbers  on  the  list,  the 
Senate  shall  choose  the  Vice  President ;  a  quorum  for  the  purpose  shall  con- 
sist of  two  thirds  of  the  whole  number  of  Senators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice.  But  no  person  constitutionally  ineli- 
gible to  the  office  of  President  shall  be  eligible  to  that  of  Vice  President  of  the 
United  States. 

ARTICLE  Xnii 

Section  i.  Neither  slavery  nor  involuntary  servitude,  except  as  pun- 
ishment for  crime  whereof  the  party  shall  have  been  duly  convicted,  shall  exist 
within  the  United  States,  or  any  place  subject  to  their  jurisdiction. 

2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate  legisla- 
tion. 

ARTICLE   XIV  2 

1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to  the 
jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  State  wherein 
they  reside.  No  State  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United  States ;  nor  shall  any  State 
deprive  any  person  of  life,  liberty,  or  property,  without  due  process  of  law  ;  nor 
deny  to  any  person  within  its  jurisdiction  the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several  States  according 
to  their  respective  numbers,  counting  the  whole  number  of  persons  in  each 
State,  excluding  Indians  not  taxed.  But  when  the  right  to  vote  at  any  election 
for  the  choice  of  electors  for  President  and  Vice  President  of  the  United  States, 

1  Adopted  in  1865.  2  Adopted  in  1868. 


Appendix  325 

representatives  in  Congress,  the  executive  and  judicial  officers  of  a  State,  or 
the  members  of  the  legislature  thereof,  is  denied  to  any  of  the  male  inhabitants 
of  such  State,  being  twenty-one  years  of  age,  and  citizens  of  the  United  States, 
or  in  any  way  abridged,  except  for  participation  in  rebellion,  or  other  crime,  the 
basis  of  representation  therein  shall  be  reduced  in  the  proportion  which  the 
number  of  such  male  citizens  shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  State. 

3.  No  person  shall  be  a  senator  or  representative  in  Congress,  or  elector  of 
President  and  Vice  President,  or  hold  any  office,  civil  or  miHtary,  under  the 
United  States,  or  under  any  State,  who,  having  previously  taken  an  oath,  as  a 
member  of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member  of 
any  State  legislature,  or  as  an  executive  or  judicial  officer  of  any  State,  to  sup- 
port the  Constitution  of  the  United  States,  shall  have  engaged  in  insurrection  or 
rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof. 
But  Congress  may  by  a  vote  of  two  thirds  of  each  House,  remove  such  disability. 

4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by  law, 
including  debts  incurred  for  payment  of  pensions  and  bounties  for  services  in 
suppressing  insurrection  or  rebellion,  shall  not  be  questioned.  But  neither  the 
United  States  nor  any  State  shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United  States,  or  any  claim  for 
the  loss  or  emancipation  of  any  slave;  but  all  such  debts,  obligations  and  claims 
shall  be  held  illegal  and  void. 

5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation,  the 
provisions  of  this  article. 

ARTICLE   XVI 

Section  i.  The  right  of  citizens  of  the  United  States  to  vote  shall  not  be 
denied  or  abridged  by  the  United  States  or  by  any  State  on  account  of  race, 
color,  or  previous  condition  of  servitude. 

Seciion  2.  The  Congress  shall  have  power  to  enforce  this  article  by  ap- 
propriate legislation. 

ARTICLE   XVI 2 

The  Congress  shall  have  power  to  lay  and  collect  taxes  on  incomes,  from 
whatever  source  derived,  without  apportionment  among  the  several  States, 
and  without  regard  to  any  census  or  enumeration. 

ARTICLE   XVII 3 

The  Senate  of  the  United  States  shall  be  composed  of  two  senators  from 
each  State,  elected  by  the  people  thereof,  for  six  years  ;  and  each  senator  shall 

1  Adopted  in  1870. 

-  Passed  July,  1909;  proclaimed  February  25,  1913. 

8  Passed  May,  1912,  in  lieu  of  paragraph  one.  Section  3,  Article  I,  of  the  Con- 
stitution and  so  much  of  paragraph  two  of  the  same  Section  as  relates  to  the  filling 
of  vacancies;  proclaimed  May  31,  1913. 


326  Appendix 

have  one  vote.     The  electors  in  each  State  shall  have  the  qualifications  requi- 
site for  electors  of  the  most  numerous  branch  of  the  State  legislature. 

When  vacancies  happen  in  the  representation  of  any  State  in  the  Senate, 
the  executive  authority  of  such  State  shall  issue  writs  of  election  to  fill  such 
vacancies :  Provided,  That  the  legislature  of  any  State  may  empower  the  ex- 
ecutive thereof  to  make  temporary  appointments  until  the  people  fill  the 
vacancies  by  election  as  the  legislature  may  direct. 

This  amendment  shall  not  be  so  construed  as  to  affect  the  election  or  term 
of  any  senator  chosen  before  it  becomes  valid  as  part  of  the  Constitution. 


INDEX 


Accidents:   industrial,  23. 

Agriculture  :  federal  government  and, 
192 ;  irrigation  works,  193 ;  col- 
leges, 193  ;  Department  of,  194  ; 
agricultural  credit,  285. 

Alaska:   215. 

Amendments:  federal,  97 ;  state,  122. 

Arbitration :  international  treaties, 
208. 

Bail :   definition  and  purpose,  49. 

Ballots :  secret,  151 ;  Australian, 
152 ;  Massachusetts,  152 ;  non- 
partisan, 152  ;   short,  165. 

Budget:  national,  214  ;   city,  267. 

Capital :    and  labor,  18. 

Children :  in  the  family,  22 ;  de- 
pendent, 28  ;  crime  and,  28  ;  rights 
of,  52  ;   in  the  courts,  52. 

Cities  :  home  rule  for,  130  ;  council 
and  its  powers,  131 ;  description, 
243  ;  important  elements  in  life  of, 
245 ;  government  of,  130  ff. ; 
functions,  242  ff. ;  planning  of, 
265  ;   program  for,  268. 

Citizens :  contrasted  with  subjects, 
4  ;  influence  on  politics,  149  ;  how 
affected  by  federal  government, 
179  S.;  how  aifected  by  state  gov- 
ernment, 220 ;  and  voting  privi- 
lege, 221.     See  Rights. 

Civics :  purpose  of  teaching,  7  ;  hu- 
man interest,  20. 

Civil  service :  federal,  110;  in  cities, 
133. 

Clothing :  adulteration,  16 ;  frauds 
in,  182. 

( 'ommission  government :  for  ritl':'?, 
136;    city  manas^er  plan.  137. 

Community  :  an  enlargt^d  family,  23  ; 
influence  on  family,  23. 


Competition :  theory  of,  187 ;  how 
far  good,  191  ;  of  foreign  labor,  196. 

Congress  :  a  representative  body,  97  ; 
the  two  Houses,  98  ff. ;  meetings, 
103 ;  how  it  makes  laws,  103 ; 
powers,  105;  special  sessions,  113; 
Cabinet  and,  115,  116  ;  courts  anrl, 
117. 

Constitution  :  the  federal,  framing  of, 
84 ;  parts  of,  96  ;  amendment  of, 
97  ;    the  state,  122. 

Constitutional  law  :   nature  of,  122. 

Council :    city,  131. 

County :  government,  141  ;  officers, 
141. 

Courts :  procedure  in  trials,  48 : 
children's,  52  ;  federal,  117;  state, 
128 ;  city,  133 ;  police,  134 ; 
special,  134 ;  rural,  143 ;  women 
in,  249. 

Crimes :  definition,  222 ;  penalties, 
222  ;  prevention  of,  223  ;  notions 
about  punishment,  224 ;  proper 
treatment  for  criminals,  250 ;  due 
process  of  law,  48 ;  plans  for 
reformation  of  criminals,  250 ;  in 
the  country,  281. 

Democracy :  definition,  69 ;  con- 
fused ideas  about,  69 ;  changes  in 
ideas  about,  69  ;  direct,  in  cities, 
138;  use  of  term  to-day,  161; 
growth  of  direct,  161 ;  devices  for 
direct,  163  ff.  ;  opinions  on  direct, 
166  ff. 

Direct  primary :  in  selection  of 
officers,  107,' 124,  125,  148;  id^a 
behind,  165. 

Diseases :  effect  on  family,  24  ;  fed- 
eral government  and,  202,  203 ; 
state  prevention  of,  227.  See 
Health. 


.S27 


328 


Index 


District  of  Columbia :  its  govern- 
ment, 215. 

Divorce:  grounds  for,  31 ;  attitude  of 
states  on,  222. 

Education :  power  of  state  over,  225 
university    extension    work,    225 
special  colleges  and  courses,  226 
training  teachers,  226  ;  in  the  city, 
263 ;     newer    features,    263 ;     and 
government    work,    264 ;     in    the 
country,  276. 

Elections :  of  national  representa- 
tives, 100  ff . ;  presidential,  108  ; 
of  state  representatives,  124 ;  of 
governor,  125;  national  parties  in 
local,  135  ;  non-partisan,  135  ;  the 
primary,  148 ;  honest,  149  ff. ; 
secret,  151  ;  polls,  154 ;  publicity 
in,  157. 

Factories :  the  system,  15 ;  con- 
sumer and,  15 ;  owner  and,  16, 
17  ;  laborer  and,  17  ;  in  the  home, 
29. 

Family  :  in  olden  times,  11;  a  com- 
munity concern,  22-23 ;  children 
and,  22 ;  value  of,  22 ;  outside 
conditions  and,  23 ;  wages  and, 
24  ;  types,  25  ff. ;  government  and, 
30  ff. ;  right  basis  for,  32. 

Fathers  :  labor  and  parenthood,  26  ; 
"little,"  27;  position  in  family, 
31,  32. 

Fire  :  the  city  department,  251 ;  pre- 
vention, 251 ;  use  of  fire  laws  to 
clean  up  villages,  283. 

Food :  connection  with  transporta- 
tion, 14  ;  adulteration,  14  ;  quan- 
tity produced,  15  ;  foreign  markets, 
15 ;  federal  laws,  and  inspection, 
181 ;  city  governments  and,  258  ; 
milk,  258  ;  markets,  259  ;   ice,  259. 

Franchises  :  city,  254  ;  regulation  of, 
255  ;   municipal  ownership,  255. 

Freedom:  of  speech,  41  ff. ;  of  press, 
41  ff. ;  of  religion,  44  ff. ;  of  con- 
tract, 60. 

Government :  origin  of  word,  4 ; 
viewed  as  a  mystery,  4 ;  necessity 
for,  5-6  ;  purpose  of,  6  ;  nature  of. 


7  ;  changes  in,  10  ;  homes  and,  30 ; 
religion  and,  45;  property  and, 
54  ff . ;  as  a  machine,  80 ;  as  a  human 
instrument,  82;  federal,  83  ff.,  173 
ff. ;  state,  121  ff.,  220  ff. ;  city,  130 
ff.,  242  ff. ;  rural,  140  ff.,  271  ff. ; 
division  of  work  between  federal 
and  state,  176  ff. 
Governor :  comparison  with  presi- 
dent, 126 ;  his  legislative  duties, 
127  ;   his  executive  duties,  127. 

Habeas  corpus:  definition  and  value 
of,  47. 

Hawaii:    215. 

Health :  of  national  interest,  202 ; 
public  health  service,  203 ;  state 
government  and,  227  ;  prevention 
of  disease,  227  ;  city  government 
and,  256 ;  attacking  disease  di- 
rectly, 259 ;  outline  of  work  for 
cities,  260  ;   care  of,  in  villages,  284. 

Home  :  kinds,  25  ;  fathers  and,  25  ; 
mothers  and,  26  ff. ;  labor  in,  29  ; 
of  negroes,  29 ;  of  poor  whites  in 
mountains,  30 ;  land  grants  to 
farmers,  192  ;  need  of  attention  to, 
by  city  government,  247  ;  housing 
in  cities,  261 ;  in  country,  285. 

Hours  of  labor  :  relation  to  home  life, 
26. 

Housing :  see  Shelter  and  Homes. 

Immigrants  :  government  and,  17  ; 
tariff  and,  186  ;  federal  control  of, 
197  ;  inspection  of,  202. 

Indeterminate  sentences :  descrip- 
tion of  practices,  51,  52. 

Industry :  changes  in,  10  ff. ;  do- 
mestic, 10 ;  industrial  revolution, 
13  ;  foreign  labor  in,  17  ;  family  and, 
23  ;  in  home,  29  ;  how  national  in 
character,  177 ;  why  hard  for 
states  to  regulate,  177 ;  foreign 
trade,  187;  trusts,  187  ff. ;  in- 
dustrial commissions,  233. 

Inequality  :  before  the  law,  50  ;  be- 
tween men  and  women,  51. 

Initiative :  in  cities,  132,  138 ;  in 
states,  133,  167. 

Intolerance :  effect  on  civil  liberties, 
42,  43. 


Index 


329 


Judges:  in  juvenile  courts,  52  ;  power, 

86 ;    position  in    government,   89 ; 

criticism  of,  92 ;    federal,  117   ff . ; 

state,  128;    city,   134 ;  women  as, 

249. 
Judiciary:  sec  Courts  and  Judges. 
Jury  :    kinds,  48  ;    spirit  and  purpose, 

49 ;   trial  of  children  before,  52. 
Juvenile  courts  :    description,  52. 

Labor :  division  of,  13-14 ;  factory 
system  and,  17  ;  foreign,  17,  184, 
196 ;  and  capital,  18 ;  property 
rights  in,  60  ff. ;  Department  of, 
190 ;  federal  laws  on,  195 ;  gov- 
ernment as  an  employer,  197 ; 
unemployment,  196,  231  ;  work- 
men's compensation,  229 ;  social 
insurance,  230;  poverty  and,  231; 
legislation  on,  233. 

Legislature:  the  two  houses,  123  ;  how 
it  makes  laws,  125  ;   powers,  125. 

Liberty :  civil,  laeed  of,  35 ;  types, 
35  ;  history  and  meaning  of,  30  ff. ; 
American  theory,  37  ;  principles  of, 

37  ;  Congress  and,  38  ;  States  and, 

38  ;  personal  security,  39  ;  personal, 
40  ;  kinds  of,  41  ff. ;  tolerance  and, 
42  ;  limits  upon,  43  ;  children  and, 
52  ;  new  spirit  in,  52. 

Liberty:  political,  history,  65;  argu- 
ments for  and  against,  66,  67;  de- 
mocracy and,  69  ;  of  negroes,  70  ; 
of  women,  71  ;  citizenship  and,  72. 

Majority :  dangers  from,  85 ;  its 
power,  93  ;    limitations  on,  168. 

Marriage:  the  state  and,  221;  seri- 
ous aspects  of,  221. 

Martial  law  :    free  speech  and,  42. 

Mayor :  duties  of,  132.  .See  Com- 
mission Government. 

Men  :  as  fathers,  26  ;  as  husbands,  31. 

Money :  in  elections,  155 ;  in  cam- 
paigns, 156  ;  gold  and  silver  coin- 
age, 209  ;  free  silver,  210  ;  paper, 
211;  bank  notes,  212;  banking 
systems  and  laws,  212. 

Mothers :  labor  and  parenthood, 
27  ff. ;  "Httle,"  27;  position  in 
family,  31,  32. 

Municipal  ownership :   255. 


National  defense  :   character,  204  ff. 
Natural  resources :    extent,  199-200  ; 

proposals   for   dealing   with,    199 ; 

of  the  states,  238. 
Negroes  :   homes  of,  29. 
Noise  :   prevention  of  undue,  253. 

Panama  Canal :   201. 
Parole :  purpose,  49  ;  some  practices, 
51. 

Parties :  separation  of  powers  and, 
88  ;  national  parties  in  local  elec- 
tions, 135  ;  how  formed,  146  ;  issues 
and  their  history,  146  ;  Republican, 
147  ;  Democratic,  147  ;  Populist, 
147  ;  Socialist,  147,  191  ;  Progres- 
sive, 147 ;  third,  147 ;  organiza- 
tion and  methods,  148 ;  how  fi- 
nanced, 156. 

Peace:  see  War. 

Pensions:  for  soldiers,  206;  for 
mothers,  230. 

People :  definition,  69 ;  vagueness 
of  term,  168. 

Petition  :  right  to,  44  ;  history  and 
value  of,  44. 

Philippines,  215. 

Police  :  free  speech  and,  42  ;  the  city 
problem  of,  248;  the  force,  248; 
women  as,  249. 

Porto  Rico:   215. 

Post  office :  history  and  services 
rendered  by,  198. 

Poverty  :  state  relief,  228  ;  preven- 
tion of,  228 ;  specific  causes  of, 
229  ;  war  on,  229  ;  in  the  city,  267  ; 
in  the  country,  282. 

President :  how  chosen,  106  ff. ; 
powers,  110  ff. ;  his  message,  112; 
the  veto,  112;    and  war,  206. 

Press :  freedom  of,  41  ;  intolerance 
of,  43  ;    limits  upon,  43. 

Property  :  how  safeguarded  by  gov- 
ernment, 54,  55  ;  changes  in  rights 
over,  57  ;  property  rights  in  slaves, 
57 ;  married  women  and,  57 ; 
public,  58 ;  ownership  by  govern- 
ment, 59  ;  limitations  on  use,  59  ; 
property  rights  and  labor,  60 ; 
general  tendencies,  62 ;  qualifica- 
tion for  voting,  66  ff. ;  municipal 
ownership  of  utilities,  255. 


330 


Index 


Public  opinion :  publicity  schemes, 
157,  166 ;  relation  to  government, 
287  ff . ;  schools  and,  290 ;  libraries 
and,  291 ;  private  agencies  and, 
292  ;  relation  of  women  to,  296. 

Public  works:  federal,  200  ff . ; 
Panama  Canal,  201 ;  highways, 
201,  237;  how  states  help  with 
roads,  237,  275  ;  city  streets,  253  ; 
utilities,  253 ;  parks,  256 ;  vil- 
lage utilities,  281. 

Railways :  interstate  commerce,  180 ; 
rates,  180 ;  state  regulation  of, 
234 ;   Wisconsin  control  of,  235. 

Recall :  in  cities,  138,  164 ;  of  judi- 
cial decisions,  164. 

Reciprocity  :   theory  of,  186. 

Recreation :  relation  to  home  life, 
24 ;  need  of  and  provision  for,  in 
cities,  261-262 ;  in  the  country, 
279. 

Referendum  :  in  cities,  132,  138  ;  in 
states,  133,  167. 

Religion :  freedom  of,  44 ;  early 
persecutions,  45 ;  federal  govern- 
ment and,  45 ;  states  and,  46 ; 
relation  to  politics,  46. 

Representatives:  see  Congress. 

Republic  :  definition,  69  ;  democracy 
and,  69 ;  representative  govern- 
ment and,  69 ;  character  of  gov- 
ernment first  set  up,  161. 

Rights:  of  women,  31,  71;  of  par- 
ents, 31 ;  civil,  35  ff . ;  of  petition, 
44 ;  of  children,  52 ;  property, 
54  ff. ;    of  labor,  61 ;  political,  65. 

Saloons:  local  option,  276;  prohibi- 
tion, 276. 

Sanitation  :  factory  owners  and,  16  ; 
housing  laws  and,  261 ;  the  problem 
in  the  country,  284.     See  Health. 

Senate :  see  Congress  and  Legislature. 

Separation  of  powers  :  origin,  84  ;  ad- 
vantages and  disadvantages,  85  ff. 

Shelter:  ownership  of  homes,  19; 
public  regulation,  19  ;  rural  homes, 
19  ;  wages  and,  24;   in  cities,  261. 


Slander :   definition,  43. 

Speech:  freedom  of,  41 ;  how  inter- 
fered with,  41 ;  police  permits  and, 
42  ;  martial  law  and,  42  ;  intoler- 
ance and,  42  ;  value  of,  43  ;  limits 
of,  43. 

Suffrage:   history,  71.     »See  Votes. 

Surveys  :  for  cities,  247  ;  for  country, 
274. 

Tariff :  theory  of  protective,  183 ; 
foreign  labor  and,  184 ;  practical 
aspects,  185 ;  as  a  compromise, 
185  ;  tariff  commission,  186  ;  reci- 
procity, 186. 

Taxation:  federal,  213  ;  kinds,  214  ; 
state,  239  ;   city,  266. 

Territories:  government  of,  215,  216. 

Trades  unions :  government  and,  61 ; 
the  law  and,  232. 

Trusts :  the  question,  187 ;  origin, 
188;  methods,  189;  federal  law 
against,  189 ;  present  theories, 
190  ff. ;  state  laws  about,  235-236. 

Unemployment :  pro^dsion  of  work, 
231. 

Voters :  registration  of,  150 ;  in- 
crease in  power  of,  162,  167. 

Votes :  for  men,  65  ff . ;  for  negroes, 
70;  for  women,  71;  present  re- 
strictions on,  72  ;   foreign,  73. 

Wages  :  factory  system  and,  16-17  ; 
wages  system,  18 ;  influence  on 
family  life,  24 ;  free  speech  and, 
41;  relation  to  poverty,  229;  the 
minimum,  231. 

War :  cost,  207 ;  war  against  war, 
207 ;  responsibility  of  President, 
208. 

Watchers  at  elections :  purpose  of, 
154  ;  women  as,  155. 

Women  :  as  mothers,  26  ff. ;  as  wage- 
earners,  27  ;  pay  of,  27  ;  law  and, 
31  ;  as  wives,  31  ;  and  property 
rights,  32 ;  as  voters,  32 ;  in  the 
courts,  249. 


'T^HE  following  pages  contain  advertisements  of  a 
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